News & Publications

Supreme Court Takes Back Takings: Knick v. Township Of Scott

The Supreme Court recently issued its long-awaited ruling in Knick v. Township of Scott, concluding that a plaintiff alleging that local governments have violated the Takings Clause under the Fifth Amendment may seek relief directly in federal court, as a constitutional violation occurs at the time of the taking without payment, even if just compensation is subsequently paid.1 In the 5-4 majority opinion, the Court overruled, in part, Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson [...]

DC Recordation And Transfer Taxes Skyrocketing For Commercial Properties

As has been announced, the cost of real estate transactions involving commercial property located in the District of Columbia will increase significantly as of October 1, 2019, but not necessarily for multifamily properties. On July 22, 2019, the D.C. City Council adopted Bill 23-209 "to enact and amend provisions of law necessary to support the Fiscal Year 2020 budget" (the "Bill") which budget was approved pursuant to the Fiscal Year 2020 Local Budget Act of [...]

U.S. Supreme Court Reopens The Federal Courthouse Door To Property Owners’ Takings Claims

In a June 21 opinion, the U.S. Supreme Court finally reversed a 1985 ruling that has prevented property owners across the country from challenging land use regulations and permit conditions in federal court under federal constitutional standards. In Knick v. Township of Scott, the Court restored the right of property owners to bring claims that government has "taken" their property without paying "just compensation" directly in federal court. The new decision promises a substantial change in [...]