Deciding Where to Take Your Takings Case Post-Knick

The Supreme Court’s decision in Knick v. Township of Scott changed the landscape for regulatory takings cases. In this decision, the Supreme Court reversed one of the few bright-line rules in regulatory takings cases: the state-litigation requirement. Now, property owners with inverse condemnation claims are no longer forced to exhaust state-court remedies before suing in federal court. Accordingly, both plaintiffs and defendants have a new option available to them with regulatory takings cases. This Article discusses the history of the state-litigation requirement until the Supreme Court’s decision in Knick. Further, this Article discusses the Knick case, including the Supreme Court’s rationale for reversing its own precedent. Finally, this Article explores the new options that litigants have available post-Knick and evaluates which options are most desirable depending on the litigant’s objectives.