Williamson County Regional Planning Commission V. Hamilton Bank of Johnson City - Critical Response

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.