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Pennsylvania Eminent Domain Blog

Knick v. Township of Scott, Pennsylvania

July 18th, 2019 | by Mike Faherty

On June 21, 2019, the United States Supreme Court issued Knick v. Township of Scott, Pennsylvania, _ S.Ct._ (2019), No. 17-647, 2019 WL 2552486. The landmark decision overruled Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126. The property owner win now allows for the owner to respond to a government taking without paying for it, by suit in federal court under 42 U.S.C.A. § 1983. Previously Williamson County precluded such litigation before a final decision in state court.

Read decision here.