Real estate development projects involving low-income housing either pending before The Council on Affordable Housing or in a builder’s remedy lawsuit can often take years before zoning approvals can be secured. Builders have begun to institute litigation in both the federal and state courts for compensation and relief when there is an unreasonable delay in securing approvals for these projects. These actions have alleged an unconstitutional taking of the property and seek just compensation.
The Fifth Amendment of the U.S. Constitution prohibits a governmental body from an unconstitutional taking of real property for public use without just compensation. This prohibition is applicable to the states through the Fourteenth Amendment. See Chicago Burlington & Quincy R.R. Co. v. City of Chicago, 166 U.S. 226, 239 (1897). However, if a property owner is seeking just compensation, the owner cannot claim a violation of the takings clause until it has utilized a state’s remedy. Williamson County Reg’l Planning Committee v. Hamilton Bank of Johnson Cit y, 473 U.S. 172, 195 (1985).
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