1. When Knick changed the world of takings
litigation by allowing—for the first time since
1985—a property owner with a claim for
unconstitutional taking of property to file suit in
federal court, must that decision be applied
retroactively, with the time to file suit tolled until
the date Knick was decided, so as to give its benefit
to property owners who had been precluded from
suing in federal court before?

2. When Wilkins confirmed in the real property
context that statutes of limitation are not
jurisdictional but are merely claim processing tools,
must lower courts now treat statutes of limitation as
affirmative defenses to be proved at trial by the
defendant?

Whether the Court of Appeals erred in refusing to give retroactive effect to Knick v. Township of Scott and Wilkins v. United States