High Court's Knick Ruling May Hinder Calif. Public Agencies

Law360 (October 9, 2019, 2:50 PM EDT) -- In Justice Elena Kagan’s dissenting opinion in the U.S. Supreme Court takings case Knick v. Scott, she stated: “Today’s decision sends a flood of complex state-law issues to federal courts. It makes federal courts a principal player in local and state land-use disputes.”[1]

Her words are prophetic not just because the decision allows plaintiffs to file regulatory takings or inverse condemnation lawsuits in federal court instead of state court, but because it may remove the judicial safeguard in California that requires plaintiffs to first obtain a state court decision that the government’s action is a taking without just compensation.

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