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Article: SF hotel's takings suit concludes: federal hearing isn't required, U.S. Supreme Court rules 9-0.(San Francisco)
- Article from:
- California Planning & Development Report
- Article date:
- July 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Property owners who contend that the government has taken their property without just compensation must press their monetary claims in state court and might never get to argue in federal court.
A unanimous U.S. Supreme Court ruled on June 20 that property owners who lose their takings claims in state court are not entitled to retry their claims in federal court, even if the federal court forced the property owners into the state court. California courts have been extremely reluctant to award damages in takings cases. In the process of making its decision, however, four members of the high court indicated that they would like to revisit one of the most important ...