ELR Citation: ELR 20118
No(s). s. 98-6403, -6440 (6th Cir. Sep 18, 2000)

The court reverses a district court dismissal of a property owner's takings claim against a county as unripe. The owner alleged that the county impermissibly listed her driveway as a county road and would not delist it because a neighbor used it to access a road and get mail. The district court held that the owner's claims were not ripe because the owner had failed to obtain a final decision by a state decisionmaker and had not utilized state inverse condemnation procedures as required by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). The court first holds, however, that when a state has physically occupied or invaded the plaintiff's property, there is generally no need to ask the relevant state decisionmaker to clarify its final position in order to determine whether a taking has occurred. It is true that agents of the county are not literally occupying the driveway, and that members of the owner's family are allowed to drive on it, but because the driveway is classified as a county road, the owner now enjoys no greater right to use the driveway than any member of the general public. The owner has been dispossessed of the driveway under any reasonable standard. Additionally, because private use takings are unconstitutional regardless of whether just compensation is paid, eminent domain or inverse condemnation proceedings do not supply the appropriate remedy. Therefore, to the extent that the owner claims that the driveway was taken for a private use, the claim is ripe, but to the extent that it alleges that the driveway was taken for a public use for which the estate is owed just compensation, the claim is not ripe until the Williamson requirements are met.

Counsel for Plaintiff
Kathy Montgomery
Montgomery & Montgomery
Houston TX 77040
(281) 587-8600

Counsel for Defendants
William R. Berry
Moore, Stout, Waddell & Ledford
238 Broad St., Kingsport TN 37662
(423) 246-2344

Before Cole and Tarnow,^* JJ.