High Court Minn. Takings Ruling Could Lead To More Suits

Kevin King’s commentary appeared in a Law360 Real Estate Authority article about the recent unanimous US Supreme Court decision, Tyler v. Hennepin County. The decision is the latest in a series of Supreme Court opinions over the last five years that fortify the rights of property owners under the Takings Clause.

Speaking to the pairings of concurring opinions, Kevin said, "Tyler is … important because it includes an 'odd couple' concurring opinion by Justice [Neil] Gorsuch, joined by Justice [Ketanji Brown] Jackson, regarding the Eighth Amendment's excessive fines clause.”

Kevin added, “although that opinion is not controlling precedent, it reflects views of two justices who come from opposite sides of the jurisprudential spectrum and as a result, may have a significant effect in lower courts — essentially making it easier for plaintiffs to succeed on excessive fines claims.”

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