Thanks to our colleague on www.inversecondemnation.com from whom we learn that once again, a brave soul is petitioning the U. S. Supreme Court for certiorari on the wretched issue of remefies for uncompensated takings. The case is Downing/Salt Pond Partners v. Rhode Island, 643 F.3d 16 (1st Cir. 2011). It’s another one of those wretched cases in which the U.S. Court of Appeals denied a property owner the right to seek judicial review of an unconstitutional taking of property, on the grounds that he should have sought relief in state courts — a requirement that is not imposed on any other type of American plaintiff seeking vindication of his or her federal constitutional rights.
We hope for the best, given the importance of this issue. But given the U.S. Supreme Court’s recent dismissive indifference to people’s rights under the Takings Clause of the 5th Amendment, we are not holding our breath.