The Supreme Court’s conservative majority gave a major boost to property rights, ruling that developers and landowners may go directly to federal court and seek compensation for a “taking” of their property.
The high court said property rights stand on the same footing as other rights protected by the Constitution.
The decision is likely to have its greatest impact in California, even though it began with a Pennsylvania woman’s complaint that people were walking across her property to visit a burial site.for development in its cities and along the coast, and property owners have repeatedly claimed these regulations and other zoning rules have the effect of “taking” their property.
“For years, federal ‘takings’ plaintiffs have effectively and inexplicably been denied access to the federal courts,” Beard said. “As of today, the federal courthouse doors are open. We should see a steady stream of new claims against laws and regulations that deprive or significantly impair an individual’s or business’ property interests.”
“This decision is a very long time coming for Rose and other property owners who have had federal courtroom doors slammed shut in their faces whenever they seek compensation for a governmental taking of their private property,” said attorney Dave Breemer. “The court’s decision sends a message that constitutionally based property rights deserve federal protection just like other rights.”cast the deciding vote. The case was first argued on Oct. 3, when Kavanaugh’s nomination was before the Senate.
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