WASHINGTON, DC: Did you know that if the government takes your property without providing just compensation, you may be completely barred from seeking judicial relief in both federal and state court?
Hard to believe, but it is true and is a direct result of the Supreme Court’s ruling thirty years ago in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, and manipulative defendants. In Williamson County, the court held that the property owners’ failure to first file their takings claim in state court barred the door to federal court.
Williamson County stands as an anomaly. No other constitutional right is systematically barred from federal court. Manipulative state defendants have turned Williamson County into a weapon, either nonsensically arguing that it completely bars the filing of any takings case in any court or seeking removal of state court actions to federal court, only to then argue that Williamson County bars review. Southeastern Legal Foundation, along with National Federal of Independent Business, Cato Institute, and Professor Ilya Somin, filed an amicus brief urging the Court to reconsider, and overrule, Williamson County.
Click here for the SCOTUS brief filed by SLF