Revisiting Williamson County Regional Planning Commission v. Hamilton Bank

The plight of a Pennsylvania property owner faced with an onerous new ordinance on private graveyards gives the Supreme Court a chance to revisit and revise a 30-year-old decision that requires the targets of takings to go through state court litigation first before suing in federal court for compensation [Ilya Shapiro, Trevor Burrus, and Meggan DeWitt on Cato merits amicus in Knick v. Township of Scott, which follows a cert amicus earlier] More: Ilya Somin.

One Comment

  • I could see some sort of “exhaustion” requirement in certain cases–but, in this particular case, the government has asserted and has exercised the power to enter her land. Thus, a taking has ripened in that she has, without doubt, lost a stick, so to speak.

    We don’t have tyranny in the US generally, but there are many individuals here who suffer it.