More news on: Erin Morrow Hawley, Prof. Joshua Hawley

Professors Hawley Urge the Supreme Court to Abandon Takings Clause Ripeness Doctrine

January 25th, 2013

Professors Josh and Erin Hawley have asked the U.S. Supreme Court to abandon its rule that property owners bringing Fifth Amendment Takings Clause challenges must attempt to obtain compensation for the alleged taking before bringing suit in federal court. The Hawleys argue that this rule, which was first announced in the seminal case of Williamson County v. Hamilton Bank (1985), has caused severe confusion in the lower courts and is not justified by the Constitution. The Hawleys filed their brief as amicus curiae in the case Horne v. United States.

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