|
SIX LESSONS FOR MUNICIPAL
LAWYERS:
CITY OF MONTEREY V. DEL MONTE DUNES AT MONTEREY, LTD.
continued from previous page
| VI. |
THE "SLEEPER":
MOVE TO DISMISS FEDERAL TAKINGS CLAIMS FILED IN STATE
COURT. |
Del Monte Dunes raises another
fundamental issue, which may prove to be the "sleeper"
as lower courts begin to parse Del Monte Dunes.
When landowners file takings claims in state
courts, in addition to asserting claims under the state
Constitution and other provisions of state law, they often
include a claim alleging a violation of the federal Takings
Clause, including federal takings claims filed under § 1983. A
§ 1983 claim often offers significant advantages, not the least
of which is the availability of attorneys fees under § 1988 for
prevailing claimants. State courts sometimes allow both the
state-law and federal takings claims to proceed simultaneously,
and if they find a taking, they award attorneys fees under
federal law.
Del Monte Dunes makes clear, however,
that a claim for a regulatory taking under the federal
Constitution does not even accrue unless and until a state court
denies the landowner compensation under state law. E.g.,
119 S. Ct. at 1639 ("statutory action [under § 1983] did
not accrue until it was denied just compensation"). The four
dissenters agree. Id. at 1655-56 ("Whereas in
eminent domain proceedings the government admits its liability
for the value of the taking, in the inverse condemnation cases
litigated under § 1983, it refuses to do so inasmuch as it
denies the landowner any state process (or effective process) for
litigating his claim.").
Williamson County likewise makes clear
"that a property owner has not suffered a violation of the
Just Compensation Clause until the owner has unsuccessfully
attempted to o btain just compensation through the procedures
provided by the State for obtaining such compensation * *
*." 473 U.S. at 195.
Municipalities should use Del Monte Dunes
and Williamson County to argue that takings claimants in
state court may not assert a takings claim under the federal
Takings Clause directly, including § 1983 claims, in state court
in the first instance. Until the claimant exhausts available
state-law judicial remedies for a taking, there is no violation
of the federal Takings Clause. If a takings complaint filed in
state court lands on your desk, and if it includes a claim for a
violation of the federal Takings Clause, move to dismiss the
federal claim. No violation of the federal Takings Clause occurs
until the state court rules on the request for compensation under
state law.
Back
to Beginning SIX LESSONS FOR MUNICIPAL LAWYERS: CITY OF
MONTEREY V. DEL MONTE DUNES AT MONTEREY, LTD.
|
