The Eminent Domain Consequences Of Knick Ruling

Law360 (August 6, 2019, 4:20 PM EDT) -- In June, the U.S. Supreme Court opened up the potential opportunity for property owners to immediately seek recovery in federal court when a state or local government takes their property. In Georgia and the Carolinas, however, the ruling is unlikely to cause a flood of federal lawsuits, as many property owners will likely find they are better off pursuing claims in state court.

Even without an increase in new litigation in federal courts, the Supreme Court’s ruling in Knick v. Township of Scott, Pennsylvania, may create other consequences for state and local governments to consider when exercising the power of eminent...

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