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.
11th amendment question Forum
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criminaltheory
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- Joined: Mon Jul 23, 2012 5:48 pm
Re: 11th amendment question
Acting under Section 5 of the 14th Amendment, Congress abridged state immunity. I imagine plaintiff would just sue under the 14th amendment.
