Tag Archives: Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City
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SCOTUS Opinion: No Exhaustion Requirement To Contest A Fifth Amendment Taking
In Pakdel v. City and County of San Francisco, a married couple who owned part of a multiunit residential building sued when the City of San Francisco required that they offer a lifetime lease to their tenant as part of allowing them to convert the building into a condominium, arguing that the lifetime lease requirement was an unconstitutional regulatory taking ... Read More
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SCOTUS Opinion: Court Permits Fifth Amendment Takings Claim Without First Seeking Compensation Under State Law
In the prior case of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), the Court ruled that before a property owner could bring a federal action against a state under the Takings Clause of the Fifth Amendment, the owner had to first seek just compensation under state law in state court ... Read More