U.S. Supreme Court Will Decide Property Owners' Right to Access Federal Courts
The U.S. Supreme Court on Dec. 10 agreed to hear a case involving hotel owners in San Francisco who have been unable to bring a takings claim before a federal court.
As part of its ongoing efforts to enable property owners to seek just compensation from the federal courts when a government action denies them the use of their property, NAHB is filing an amicus brief supporting the hotel owners. In these takings cases, landowners find themselves in a bind; they are required to take their case to state court first and then they are unable to file in federal court because they have already litigated in state court.
In 1993, the owners of the San Remo Hotel filed a federal court action alleging that a San Francisco ordinance restricting the long-standing use of their property as a hotel amounted to a taking. The property owners lost, and subsequently filed a federal court action seeking just compensation under the takings clause of the Fifth Amendment to the U.S. Constitution.