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No. 17-647October Term 2018Decided Jun 21, 2019

Docket 17-647October Term 2018 (2018–2019)

Knick v. Township of Scott

This case arose after a Pennsylvania township required public daytime access to cemeteries on private land, and a landowner argued that the ordinance took her property without just compensation.

Case status

Current stage
Decided
Latest event
Decision released Jun 21, 2019
Case Accepted
Arguments
Decision ReleasedJun 21, 2019
What it's about

This case arose after a Pennsylvania township required public daytime access to cemeteries on private land, and a landowner argued that the ordinance took her property without just compensation. The Supreme Court used the case to decide whether property owners must first seek compensation in state court before bringing a federal takings claim under the Fifth Amendment.

Question presented

1. Whether the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-96 (1985), requiring property owners to exhaust state court remedies to ripen federal takings claims, as suggested by Justices of this Court? See Arrigoni Enterprises, LLC V. Town of Durham, 136 S. Ct. 1409 (2016) (Thomas, J., joined by Kennedy, J., dissenting from denial of certiorari); San Remo Hotel, L.P. v. City and County of San Francisco, 545 U.S. 323, 348 (2005) (Rehnquist, C.J., joined by O'Connor, Kennedy, and Thomas, JJ., concurring in judgment). 2. Alternately, whether Williamson County's ripeness doctrine bars review of takings claims asserting that a law causes an unconstitutional taking on its face as the Sixth, Ninth, Tenth and now Third Circuits hold, or whether facial claims are exempt from Williamson County, as the First, Fourth, and Seventh Circuits hold?

Case path

United States Court of Appeals for the Third Circuit / Decision released Jun 21, 2019

Area

Decided Supreme Court case

Timing

Decided June 21, 2019

The Court released its decision on June 21, 2019 without hearing oral argument.

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Jul 3, 2026
Primary materials5