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The Eminent Domain Consequences of a U.S. Supreme Court Ruling

Law360

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  • August 08, 2019

Christian Torgrimson, Daniel Peterson, and Angela Robinson wrote an article in Law360 on a U.S. Supreme Court ruling with important implications for eminent domain and condemnation. 

"In June, the U.S. Supreme Court opened up the potential opportunity for property owners to immediately seek recovery in federal court when a state or local government takes their property," they wrote. "In Georgia and the Carolinas, however, the ruling is unlikely to cause a flood of federal lawsuits, as many property owners will likely find they are better off pursuing claims in state court."

"Even without an increase in new litigation in federal courts," they continued, "the Supreme Court’s ruling in Knick v. Township of Scott, Pennsylvania, may create other consequences for state and local governments to consider when exercising the power of eminent domain such as individual liability and the awarding of attorney fees."

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