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Judges and Judiciary

Jul. 12, 2005

'San Remo Hotel': When The Ship Comes In -- But Only Passes By

Forum Column - By Michael M. Berger - Twenty years ago, the U.S. Supreme Court established a "ripeness" hurdle for property owners wanting to litigate Fifth Amendment claims that government regulations took their property for public use without compensation. To give federal courts jurisdiction to hear them, the owners first have to sue in state court under state law to determine whether the state will provide any compensatory remedy - and they must lose their state court suits.

        
        Forum Column
        
        By Michael M. Berger
        
        Twenty years ago, the U.S. Supreme Court established a "ripeness" hurdle for property ...

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