U.S. Supreme Court Pushes Takings Claims to Federal Court

July 24, 2019

Since the U.S. Supreme Court rendered its decision last month in Knick v. Township of Scott, Pennsylvania, 588 U.S. (June 21, 2019), a good deal of the commentary about the case has focused on the fate of stare decisis and the court’s rejection in Knick of its own precedential decision from 1985.

Although there is much to debate about those issues, the court’s ruling in Knick has special practical significance for property owners, state and local governments and officials with zoning and land use responsibilities, and federal judges in New York and across the country who are likely to see a substantial increase in takings claims in which they will have to interpret and apply state property laws.

Knick, in other words, is a groundbreaking ruling not only because of what it may signify about the court’s adherence to stare decisis but also for its effect on takings claims brought by property owners against state and local governments.

Anthony S. Guardino, a partner with the law firm of Farrell Fritz, P.C., practices in the areas of land use, zoning, and environmental law. Resident in the firm’s office in Hauppauge, Long Island, he can be reached at aguardino@farrellfritz.com.

Reprinted with permission from New York Law Journal, Wednesday, July 24, 2019, Vol 262 – No. 17

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