Tag: Knick v. Township of Scott

Contributor Post Created with Sketch. A Quiet Revolution in Property Rights

Richard Epstein
By Richard Epstein
Richard Epstein Contributor
Known to students at the University of Chicago and NYU law schools as “the libertarian,” Richard Epstein has established himself as an expert in constitutional law, contracts, corporate law, real estate law, torts, labor law—and even Roman law. He is reputed to be more knowledgeable about Justinian’s Code than anyone since the Emperor Justinian himself. The Peter and Kirsten Bedford senior fellow at the Hoover Institution, Richard Epstein is the author of several books including, The Cas… [more]
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Rose Knick with her lawyers at the Supreme Court.
One of the most important cases in the recently concluded Supreme Court term is Knick v. Township of Scott. Though Knick didn’t receive much attention in the press, it gave landowners a powerful new procedural tool to upend the unwelcome dominance that state and local governments have had over land use governance.

The facts of the case are as follows: Rose Mary Knick owned a small family graveyard on her 90-acre rural plot in Township of Scott, Pennsylvania. In December 2012, the Township adopted an ordinance that required “all cemeteries be kept open and accessible to the general public during daylight hours.”

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