Critical Response
Williamson County's "state procedures" ripeness requirement has proven to be highly controversial, especially among property-rights advocates. It has been complained that the Court decided this question without adequate briefing, the requirement of pursuing compensation from the state is not logically inherent in the text of the Fifth Amendment, the rule derives from procedural due process considerations that are inapplicable to takings claims, and that principles of res judicata and collateral estoppel may bar a plaintiff's claim from federal court after complying with Williamson County's procedures to "ripen" the claim. The latter problem became known as the "Williamson Trap" among attorneys for aggrieved property owners, although it was defended as a straightforward application of principles of preclusion by government advocates.
Read more about this topic: Williamson County Regional Planning Commission V. Hamilton Bank Of Johnson City
Famous quotes containing the words critical and/or response:
“His misfortune was that he loved youth—he was weak to it, it kindled him. If there was one eager eye, one doubting, critical mind, one lively curiosity in a whole lecture-room full of commonplace boys and girls, he was its servant. That ardour could command him. It hadn’t worn out with years, this responsiveness, any more than the magnetic currents wear out; it had nothing to do with Time.”
—Willa Cather (1873–1947)
“Women had to deal with the men’s response when the women wanted more time “out” of the home; men now must deal with the women’s response as men want more time “in.””
—Kyle D. Pruett (20th century)