The U.S. Supreme Court’s requirement that a person whose property is seized by eminent domain first obtain a final decision and exhaust their state remedies before suing in federal court applies to the physical taking of property, the U.S. Court Appeals for the Second Circuit ruled Wednesday.
The circuit also held that the same requirements of finality and exhaustion apply to procedural due process claims, when those claims arise out of the same circumstances as a takings claim.
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