Fifth Amendment

Unanimous Supreme Court Ruling Bolsters Right to File Federal Takings Cases Against State and Local Governments

The Court clarified that the challenged policy need only be a "de facto final" decision, and that property owners are not required to exhaust all possible state bureaucratic procedures before filing a federal takings case. The Court also emphasized that Takings Clause property rights have "full-fledged constitutional status."

|The Volokh Conspiracy |