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A fiercely controversial US Supreme Court ruled on Friday that property owners can go directly to federal court, claiming that state and local regulations effectively prohibit landowners from using their property.  The 5-to-4 decision overturned decades of a precedent is that property owners refused to sue in a federal court until their claims had been denied before a state court.
Federal courts are often regarded as friendly for such property claims as state courts. The decision, in which all five Conservatives of the Tribunal are in the majority, may have particular impact on cities and coastal areas where strict developmental rules apply.
Property owners and developers have often complained that building regulations and other state and local regulations effectively use their property for public benefit and that the constitution requires them only compensation is paid.
The court's ruling fell in the case of Rose Mary Knick There is also a small cemetery on the property, allegedly burying the ancestors of their neighbors.
When the city passed a law, Pa. Knick's house and a grazing area for her horses When Knick ordered that all cemeteries be open to the public during the day, he went to the state court to obtain a verdict that the state had actually taken possession of their property. When the city withdrew its complaint that it violated the local cemetery law, the state court said that Knick could not prove that it had suffered damage.
Earlier Supreme Court rulings repeatedly required property owners to file suit before the state courts.