Posts Categorized: Constitutional Property Rights

The Ripeness Doctrine—A Brief Primer

“This article discusses another vitally important procedural requirement which property owners must satisfy before their property rights claim may be heard by the courts.  This is a requirement called “ripeness.”  In short, the “ripeness doctrine” means that the government must have reached a final determination of the allowable use of property before a claim will… Read more »

Exhausting Administrative Remedies—A Brief Primer

Mention the phrase “exhaustion of administrative remedies” and every land use lawyer and property rights attorney will confirm that it is one of the most important procedural requirements for a successful case, along with the statute of limitations and the ripeness doctrine.  This article will briefly explain the concept of “exhaustion of administrative remedies,” and… Read more »

United States Supreme Court Confirms Right Of Just Compensation For Temporary Physical Invasions

In a unanimous 8-0 ruling, the United States Supreme Court today confirmed that the Fifth Amendment mandates the payment of just compensation for permanent as well as temporary physical invasions of property. Back in 1987, the United States Supreme Court confirmed that just compensation is required for a permanent or temporary regulatory taking in First… Read more »

United States Supreme Court To Review Florida Water District’s Extortionate Regulation Of Private Property

The United States Supreme Court recently granted review of a Florida state court case, St. Johns River Management District v. Koontz.  In this case, the property owner had for years sought to develop vacant, commercially owned land in Orange County, Florida.  In many such instances the government will seek to impose a condition, or exaction,… Read more »