Ripeness Flashcards
1
Q
What must a landowner have to meet the ripeness requirement?
A
Two steps for a case to be “ripe”.
○ Finality - whatever agencies have authority to pass on the project, must have reached a final decision.
○ Compensation - compensation must be sought in state court to render a federal claim ripe.
If a State provides an adequate process for seeking just compensation, the property cannot claim a violation of the Just Compensation Clause until it has used the procedure and been denied just compensation.
§ If there is a possible remedy outside the federal court, then there is no remedy in federal court.
