This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its application. Additionally, the author addresses exceptions that should allow many takings claimants to raise their federal constitutional claim in the federal courts.
Breemer, J. David
"Overcoming Williamson County's Troubling State Procedures Rule: How the England Reservation, Issue Preclusion Exceptions, and the Inadequacy Exception Open the Federal Courthouse Door to Ripe Takings Claims,"
Florida State University Journal of Land Use and Environmental Law: Vol. 18:
2, Article 1.
Available at: https://ir.law.fsu.edu/jluel/vol18/iss2/1