11th amendment question

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11th amendment question

Postby metalgeek » Sun May 03, 2015 7:42 pm

Last minute question that somehow I never thought of until now with the exam tomorrow (go easy on me if this should be obvious). If a state makes a law that regulatorily takes someone's property and it appears to be pretty clear that the property is now valueless and it is a 14th amendment taking that should give just compensation - how does the person sue to get just compensation if he can't include damages in a federal court because of the 11th amendment (and also can't sue in state court because of sovereign immunity)?

Maybe I've been studying too long and I should know the answer. My brain is fried.


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Re: 11th amendment question

Postby criminaltheory » Mon May 04, 2015 11:15 am

Acting under Section 5 of the 14th Amendment, Congress abridged state immunity. I imagine plaintiff would just sue under the 14th amendment.

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