More than three decades ago, the U.S. Supreme Court issued its decision in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), setting forth two requirements that a property owner must meet before a claim that a local government has violated the Fifth Amendment prohibition on taking property without just compensation is ripe to be heard in federal court.

First, the court said, the “finality rule” requires that the government has reached a final decision regarding the application of the regulation to the owner’s property. Second, the owner must seek and be denied just compensation using the state’s procedures, provided those procedures are adequate.

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