Court May Resurrect Federal Remedies for Property Owners
The U.S. Supreme Court starts a new term on Monday, Oct. 1. One of the cases the Dallas BA and NAHB are following closely is Knick v. Township of Scott. Knick concerns a local ordinance that forces private property owners to allow the public on to their land when there is evidence of a gravesite.
Mary Knick brought a takings claim to challenge the ordinance after government officials claimed to have found evidence of a gravesite on her property. Lower courts refused to hear her case due to a 1985 Supreme Court decision. That decision requires plaintiffs to exhaust their remedies in state courts prior to bringing claims to federal court.
“This is one of the reasons for the adage that you can’t fight city hall,†said Dallas BA Executive Officer Phil Crone. “Local governments with taxpayer funds at their disposal often outspend and outlast private citizens who challenge them. This situation prevents the pursuit of meritorious claims. A favorable decision for Ms. Knick would open the federal courts to local takings claims and restore some parody in these David versus Goliath battles.â€
NAHB has long argued that prior precedent should be overturned, through amicus briefs and efforts to find a Constitutional fix. The Knick case is the best opportunity in over 30 years to do so.