Real Estate & Property Law

Randy Smith: "Nailing Down Knick and Governmental Takings in Louisiana"

By Robert Thomas (inversecondemnation.com)

Check this out, a quick read from our New Orleans colleague Randy Smith, his article from the current edition of the Louisiana Bar Journal, "Nailing Down Knick and Governmental Takings in Louisiana."

Therein, he tells the story (inter alia) of Violet Dock Port (see here and here for two of our many posts on the case), and the efforts of the owner to secure compensation. The latest twist is that although the Louisiana courts adjudicated the amount of compensation owed (based on replacement cost), the condemnor (the Port of St. Bernard) didn't pay up as ordered, and the U.S. District Court dismissed the owner's § 1983 claim for a violation of the Fifth and Fourteenth Amendments.

Here's how the article concludes:

Although Knick does not offer specific guidance regarding whether a property owners? federal takings claim could take precedence over a previously-filed state court expropriation proceeding filed by a local governmental body, Knick did overrule Williamson County?s state litigation requirement. The majority opinion in Knick assured that there was no basis for a federal court to enjoin a state court expropriation proceeding ?[a]s long as an adequate provision for obtaining just compensation exists.? Knick 139 S.Ct. at 2176. Given that the intent of Knick was to eliminate faulty jurisdictional or prudential obstacles to pursuing federal takings claims in federal courts, Knick?s rationale should be extended to permit federal takings claims that the federal courts had declined to entertain before Knick.

A quick and worthy read. Check it out.

Full post as published by inversecondemnation on October 14, 2020 (boomark / email).