Just what makes a decision "final" enough to support a Fifth Amendment takings claim?
In his article, "'Finality' may be the next key issue in takings litigation," published by the Daily Journal, Daniel Quinley of JMBM's Natural Resources and Mining Group, addresses a recent Ninth U.S. Circuit Court of Appeals' decision that indicates that determining the "finality" of a local agency's decision may well be the next key issue in takings litigation. He writes:
"At the very least, one can rest assured that demonstrating that a local agency has made a definitive agency decision will remain critical in bringing successful Takings claims. For now, that process will involve continued robust participation in the local agency's decision-making, timely requests for variances or exemptions, and efforts toward clearly capturing an agency's definitive intent regarding a specific property."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.