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Article: Judicial Jurisdiction Stripping Masquerading as Ripeness: Eliminating the Williamson County State Litigation Requirement for Regulatory Takings Claims*
- Article from:
- Texas Law Review
- Article date:
- November 1, 2006
- Author:
CopyrightCopyright University of Texas, Austin, School of Law Publications, Inc. Nov 2006. Provided by ProQuest LLC. (Hide copyright information)
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I. Introduction
The most high profile case in the 2004-2005 United States Supreme Court term was Kelo v. City of New London,1 a case that interpreted the substantive reach of the Fifth Amendment's Takings Clause.2 While the national media focused on the expansion of these substantive rules,3 the 2004-2005 term also produced an overlooked case addressing the controversial procedural rules for claims arising under the Takings Clause: San Remo Hotel, L.P. v. City of San Francisco.4 San Remo Hotel addressed whether to make an exception5 to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City.6
Twenty years ago, in Williamson County, the Court created a two-prong test ...