Supreme Court ruling confirms property rights aren’t second-class rights
The Supreme Court is siding with a Pennsylvania woman in a case that gives citizens another way to pursue claims when they believe states and local governments have harmed their property rights.
The high court ruled Friday in the case of Rose Mary Knick of Lackawanna County. She tried to bring a lawsuit in federal court after her town passed a law that requires anyone with a cemetery on their land to open it to the public during the day. Knick argued that in passing the law the state was in essence taking her property without paying her for it.
A federal court threw out Knick's case, ruling she had to go to state court first. The recent Supreme Court's ruling, Knick will be able to take her case to federal court.