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Knick V. Township Of Scott, Alizabeth A. Bronsdon
Knick V. Township Of Scott, Alizabeth A. Bronsdon
Public Land & Resources Law Review
The Supreme Court overruled a 34-year-old precedent and sparked a sharp dissent by holding that a landowner impacted by a local ordinance requiring public access to an unofficial cemetery on her property could bring a takings claim directly in federal court. The decision eliminated a Catch-22 state-litigation requirement that effectively barred local takings plaintiffs from federal court, but raised concerns about government land use and regulation, judicial federalism, and the role of stare decisis.
Arkansas Game & Fish Commission V. U.S., Katelyn J. Hepburn
Arkansas Game & Fish Commission V. U.S., Katelyn J. Hepburn
Public Land & Resources Law Review
The United States Court of Appeals for the Federal Circuit, on remand from the Supreme Court, reconsidered whether temporary increased dam-releases resulting in downstream flooding, constituted a physical taking under the Fifth Amendment of the United States Constitution. Applying the Supreme Court’s more complex balancing test, the Court of Appeals affirmed the Court of Federal Claims’ decision holding that temporary government-induced flooding can qualify as a Fifth Amendment taking. The court upheld an award of damages in excess of $5.7 million.