Check this out, a newly-published article on takings by two eminent Florida takings practitioners, Alicia Gonzalez & Susan L. Trevarthen, Deciding Where to Take Your Takings Case Post-Knick, 49 Stetson L. Rev. 539 (2020).
If the title isn't enough to grab your interest, here's the description in the Introduction,
Post-Knick,both plaintiffs and defendants have an option available to them that was previously unavailable. This Article will discuss the options that litigants on either side now have in federal takings cases and evaluate which options are desirable depending on the objectives of a particular litigant. Part II will discuss the history of the state-litigation requirement and the theoretical underpinnings of the Williamson County decision in which the state-litigation requirement was imposed. Part III will discuss Knick and the Supreme Court’s reasoning for reversing its own precedent in Williamson County. Part IV will discuss the new options now available to property owners and government defendants in regulatory takings cases due to the elimination of the state-litigation requirement. Part V will discuss the critical differences between federal and state courts that litigants should consider when choosing their forum. Part VI will apply the considerations set forth in Part V to a hypothetical regulatory takings case to show how these considerations should be applied. Given the reversal of thirty-four years of precedent, this Article seeks to elucidate the new options that litigants have and what they should consider in choosing their forum.
Definitely worth a read. Download it here.
