takings

In a Supreme Court amicus brief in Cedar Point Nursery v. Hassid the State and Local Legal Center (SLLC) argues that temporary entry onto private property by government officials isn’t a “taking.”

The U.S. Constitution’s Fifth Amendment allows the government to “take” private property as long as it pays “...

The confirmation hearings for Judge Amy Coney Barrett begin on Monday. Judge Barrett undoubtably will be asked about her views on the Affordable Care Act, guns, and abortion. Like her predecessors, she will try to say as little as possible about her views on hot button issues.

But what about her thoughts on less controversial topics the Supreme Court decides on a more regular basis, upon which states and local governments may...

For the last 50 years the Supreme Court has leaned right. But there has always been an unreliable conservative “swing” Justice at the center of the Court. First, Justice Powell, then Justice O’Connor, next Justice Kennedy, and most recently (and very briefly) Chief Justice Roberts.

If Judge Amy Coney Barrett is confirmed the Court is likely to have five reliable conservative votes in the big, controversial cases (Thomas, Alito, Gorsuch, Kavanaugh, and Coney Barrett). Chief Justice Roberts’ vote will no longer matter, and...

Let’s hope Justice Kagan is wrong about this ominous prediction in her dissenting opinion in Knick v. Township of Scott: “today’s decision means that government regulators will often have no way to avoid violating the Constitution.”

In a 5-4 opinion the Supreme Court held that a property owner may proceed directly to federal court with a takings claim. In Knick the Court overturned Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City (1985), which held that before a takings claim may be brought in federal court, a property owner must first seek just compensation under state law in state court. The State and Local Legal Center (SLLC) amicus brief urged the Court to keep Williamson County.

In Knick v. Township of Scott the Supreme Court will decide whether to overturn Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City (1985). In that case the Court held that before a takings claim may be brought in federal court, landowners must comply with state law procedures and remedies enacted to provide just compensation. The State and Local Legal Center (SLLC) amicus brief urges the Court to keep Williamson County.

The Township of Scott adopted an ordinance requiring cemeteries, whether public or private, to be free and open and accessible to the public during the day. Code enforcement could enter any property to determine the “existence and location” of a cemetery.

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