Regulatory takings plaintiffs will increasingly litigate their cases in state court after San Remo Hotel v. City of San Francisco. Previous U.S. Supreme Court precedent held that in order to ripen federal constitutional takings claims, plaintiffs had to first request just compensation from state courts. In San Remo Hotel, the Court held that the federal courts would not make an exception to the rules of preclusion to allow frustrated plaintiffs to litigate their federal claims in federal court after losing on the merits of their state claims in state court. The decision has been characterized as “jurisdiction stripping” and has been widely criticized.

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