U.S. Supreme Court,
Government,
Constitutional Law
Jun. 1, 2017
Creating public property by ipse dixit
Can the government get around takings jurisprudence by simply redefining the private property interests it would like to own? Stay tuned.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
TAKINGS TALK
One thing that should be rather clear in our system of reciprocal rights is that the right to own and use property - to the exclusion of all others - is a fundamental constitutional right. Both the U.S. and California Constitutions say so expressly. Indeed, the U.S. Supreme Court has referred to the right to exclude others from one's land as "one of the most essential" and "most treasured strands in an owner's bundle of property r...
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