New Jersey Eminent Domain Blog posts “Eminent Domain, Fifth Amendment Property Rights, and Government Retaliation” about last Term’s US Supreme Court decision in Wilkie v. Robbins:
But what makes Wilkie particularly troubling is the clearpattern of harassment against Robbins by the BLM over the course offive years. While the alleged violations by BLM employees againstRobbins have administrative and state court remedies, the problemremains that these could only be pursued piecemeal, at the greatexpense of time and money by the property owner.
. . .
The question remains: Where does an aggrieved citizen like Robbins seekredress? Administrative and state judicial actions for individualincidents are a far from satisfactory remedy. However, this isprecisely what the Court suggested, and it is consistent with theCourt’s decision in San Remo Hotel L.B. v. City and County of San Francisco,125 S.Ct. 2491 (2005). The message is clear: A property owner must seekrelief for Fifth Amendment property rights violations in the statecourt first and the federal court will follow the state court decision.
Complete NJED post here. I posted a summary of the case here (includes links to commentary by others), and an op-ed I wrote is posted here.