THE UPCOMING KNICK DECISION

The Knick United States Supreme Court decision is gleefully awaited by those hoping to modify the misbehavior allowed because lower courts simply will not appropriately review claims which had the potential to be in the state court, but claims, even when valid, would never have received an award. After all, one of the justices asked the lawyer whether this would cause an inundation of land use cases in the Federal court system.

Thankfully, this scrivener was not presenting the argument.  One has to wonder whether the notions of both Just Compensation and Due Process were ever in the ambit of the Justices’ question.  Should we simply not have litigation to resolve our constitutionally protected rights?

The argument that there will be a proliferation of litigation simply does not make sense.  More likely, a recognition that there is a responsibility and financial liability will provide governments with the decision of whether a governmental unit should proceed in taking away an individual’s basic constitutional rights to property!