Ryan Sugden, Marc Simpson Publish on Supreme Court Decision on Eminent Domain

12.12.2019

Attorneys Ryan Sugden and Marc Simpson recently published an article in both the Minnesota Real Estate Journal and Colorado Real Estate Journal on a recent U.S. Supreme Court decision allowing landowners to sue state and local governments for inverse condemnation in federal courts.

The authors discuss the significance of Knick v. Township of Scott, Pennsylvania, in which the Supreme Court examined the issues of eminent domain and inverse condemnation.

“Often, when a government entity wants to use private land for a public use (for instance, for road construction), it exercises it right of eminent domain to take the property and then commences a proceeding to determine the property’s value,” Ryan and Marc write. “In an inverse condemnation claim, the government has taken some action that a landowner contends effectively takes the property but without starting eminent domain proceedings or paying just compensation.”

Prior to the decision, landowners were required to pursue these matters in state court. The Supreme Court ruled however that these claims could be brought in federal court. Marc and Ryan go on to discuss the important consequences of this decision for both landowners and state and local governments.

In his practice, Ryan litigates business and real estate disputes for private businesses, landowners, real estate developers and lenders. He has first- and second-chair trial experience at the state and federal appellate levels, preparing and arguing numerous successful dispositive motions.

Marc protects private property rights through the government approval process, obtains just compensation for property owners in eminent domain cases, and challenges the over-taxation or improper classification of real estate in property tax cases. He defends property owners in cases brought by neighbors seeking to prevent real estate development and enforces the purchase agreement rights of buyers and sellers of commercial real estate.