ELR Citation: ELR 20281
No(s). 99-2246 (8th Cir. Nov 22, 2000)

The court affirms a district court decision holding unripe a property owner's federal takings claim against a city for demolishing his building because the owner failed to seek compensation for the taking through available state procedures. The court holds that the property owner must bring an action in the state court before his takings claim will be ripe for prosecution in the federal arena. The state law provides for inverse condemnation proceedings even if the city did not take the property for a public purpose. Therefore, because the state law provides adequate means for compensating the property owner for his property taken in fact by the city, and because the owner has not shown that a state inverse condemnation action would be futile, he must bring an action in state court before his takings claim will be ripe for federal prosecution.

Counsel for Appellant
Sean Connelly, U.S. Attorney
U.S. Attorney's Office
3460 U.S. CtHse.
333 W. 4th St., Tulsa OK 74103
(918) 581-7463

Counsel for Appellees
Tony M. Graham
Feldman, Franden, Woodard & Farris
1000 Park Centre
525 S. Main St., Tulsa OK 74103
(918) 583-7129

Before Bye, Heaney, and Fagg, JJ.