SAN FRANCISCO—Earlier this summer, the Supreme Court of theUnited States decided Knick v. Township of Scott, PA, 588 US (casenumber 17-647), a closely watched property rights case that wasargued first in October of 2018 and again in January of 2019. Knickaddressed the requirement, established in Williamson CountyRegional Planning Commission v. Hamilton Bank of Johnson City, 473US 172 (1985), that property owners must seek just compensationunder state law in state court before bringing a federal takingsclaim under 42 USC section 1983.

In a 5-4 opinion by chief justice John Roberts, the Knick courtheld that a government violates the takings clause the moment ittakes private property without compensation, and the owner mayassert a Fifth Amendment claim under section 1983 at that time,without first pursuing a state-law remedy. Moreover, the courtoverruled the state-litigation requirement established inWilliamson County 34 years ago, describing that case as based on“poor reasoning” and a “(break) with the court’s longstandingposition that a property owner has a constitutional claim tocompensation at the time the government deprives him of hisproperty” because “the court was simply confused” about how thetakings clause works.