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Taking property without just compensation

By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural and Resource Law Program

A property owner may bring a claim in federal court under the Fifth Amendment when the government has violated the Takings Clause by taking property without just compensation. This case involved a township ordinance requiring all cemeteries to be held open and accessible to the general public during daylight hours. A property owner with a small family graveyard was notified that she was violating the ordinance. The property owner filed suit in state court arguing that the ordinance constituted a taking of her property, but did not seek compensation. The township responded by saying it would withdraw the notice of violation and not enforce the ordinance against her. The state court said that the matter was therefore resolved, but the property owner was not satisfied with that decision. She decided to bring a takings claim in federal court.

Before this decision, there was a roadblock to bringing such claim. Lower courts had read a previous Supreme Court decision to say that if a state or local government commits a taking, the property owner would first have to seek a remedy through the state’s adverse condemnation procedure before going to federal court. But in doing so, the property owner would actually not have a chance to bring the claim in federal court because the federal court would have to give full faith and credit to the state court decision. At first, that seemed like what would happen to the property owner because the state court had decided that the issue was moot since the township had agreed not to enforce the ordinance against her. But the U.S. Supreme Court cleared the way for the property owner by taking the rare action of overruling its prior precedent. Knick v. Township of Scott, Pennsylvania, was not an Ohio court case, but rather one that made its way all the way up to the U.S. Supreme Court.

The final opinion handed down by the justices is certainly important, but it is also notable for Ohio because the Ohio Farm Bureau Federation (OFBF) submitted an amicus brief in support of the property owner through its legal counsel, Vorys Sater Seymour and Pease, LLP of Columbus. The brief cited examples in Ohio showing that the Supreme Court’s prior precedent was causing problems for Ohio property owners by limiting their access to federal courts in Fifth Amendment takings claims. OFBF has noted that this was the first time it had submitted an amicus brief to the U.S. Supreme Court.

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