Archive | Fifth Amendment

JUST IN THE KNICK OF TIME – KNICK V. TOWNSHIP OF SCOTT

It is very rare, yet it’s going to happen.  The United States Supreme Court will hear an eminent domain case.  The case brought by our friends at Pacific Legal Foundation involves a somewhat bizarre fact pattern.  Okay, it is totally weird.  The Township of Scott, Pennsylvania passed an ordinance affecting private properties determined to be or contain cemeteries. In relevant part, the ordinance required that “all cemeteries within the Township . . . be kept open and accessible to the general public during daylight hours” and that no owner could… read more

Posted in Fifth Amendment, Knick v Township, Ripeness of Claims, Williamson County
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ANOTHER FIFTH AMENDMENT CLAIM STRUCK DOWN

          The Second Department held that the City of New York did not take property from taxicab companies that own medallions.  The proceeding arises out of the rapid growth of for-hire vehicle services provided by companies such as Uber which allow passengers to use a smartphone application to electronically request on-demand ground transportation. The Court held, inter alia: Moreover, we agree with the Supreme Court’s determination that the TLC’s alleged decision to “allow black cars to pick up e-hails” did not, as a matter of law, constitute an unconstitutional taking… read more

Posted in Fifth Amendment, Inverse Condemnation, Regulatory Taking
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