Conservative Supreme Court justices reverse precedent on property rights cases
The Supreme Court on Friday ruled 5-4 to overturn a decades-old precedent on property rights, a decision that marks a victory for conservatives.
The previous 1985 ruling found that an individual whose property is taken by a local government cannot file a federal suit under the Fifth Amendment until that challenge fails in state court.
But on Friday the justices ruled along ideological lines to reverse that precedent, finding that the requirement “imposes an unjustifiable burden,” conflicts with other similar rulings and “must be overruled.”
“A property owner has an actionable Fifth Amendment takings claim when the government takes his property without paying for it,” Chief Justice John Roberts wrote in the majority opinion.
“That does not mean that the government must provide compensation in advance of a taking or risk having its action invalidated: So long as the property owner has some way to obtain compensation after the fact, governments need not fear that courts will enjoin their activities,” Roberts continued.
“But it does mean that the property owner has suffered a violation of his Fifth Amendment rights when the government takes his property without just compensation, and there may bring his claim in federal court.”
Conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh joined Roberts on the majority decision.
Justices Elena Kagan, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor — the liberal members of the court — dissented.
https://thehill.com/regulation/court-battles/449710-conservative-supreme-court-justices-reverse-precedent-on-property