In Knick v. Twp. of Scott, Pennsylvania, decided on June 21, 2019, the U.S. Supreme Court ruled that property owners have an actionable Fifth Amendment takings claim when the government takes their property without paying for it, and therefore may bring their claim directly in federal court under § 1983 at that time.
The 5-4 decision involved Petitioner Rose Mary Knick, who
owns 90 acres of land in Scott Township, PA. The parcel includes a small
cemetery. The town enacted an ordinance requiring all cemeteries be open to the
public during daytime hours. Knick sought declaratory and injunctive relief in
state court on the ground that the ordinance effected a taking of her property,
but she did not bring an inverse condemnation action under state law seeking
compensation. The Township responded by withdrawing the violation notice and
staying enforcement of the ordinance. The state court held that without an
ongoing enforcement action, Knick could not demonstrate the irreparable harm
necessary for equitable relief, so it declined to rule on her request. Knick
then filed a § 1983 action in Federal District Court, alleging that the
ordinance violated the Takings Clause of the Fifth Amendment. The District
Court dismissed her claim citing precedent holding that property owners must
seek just compensation under state law in state court before bringing a federal
takings claim under § 1983. The Third Circuit affirmed and the Supreme Court
granted certiorari.
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The Court overruled the state-litigation requirement as
articulated in Williamson County Regional Planning Comm’n v. Hamilton Bank of
Johnson City, 473 U.S. 172 (1985) citing the following factors in its decision:
1. Williamson County was poorly reasoned and conflicts with
much of the Court’s takings jurisprudence;
2. The state-litigation requirement proved to be unworkable in practice because the San Remo preclusion trap (a state court’s resolution of a claim for just compensation under state law generally has preclusive effect in any subsequent federal suit) prevented takings plaintiffs from ever bringing their claims in federal court;
3. There are no reliance interests on the state-litigation requirement. As long as post-taking compensation remedies are available, governments need not fear that federal courts will invalidate their regulations as unconstitutional.
