Ruling in an important takings case, the U.S. Supreme Court on Friday overturned a long-standing precedent and said plaintiffs can go directly to federal court to vindicate their Fifth Amendment right to “just compensation” when the government takes their property.
The 5-4 decision in Knick v. Township of Scott represents the second time the court this term has overturned a significant precedent, and Justice Elena Kagan, who authored a dissent in the case, said the majority’s decision “transgresses all usual principles of stare decisis,” the principle of standing by precedents.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]