Litigation
Jan. 25, 2017
High court takings decision took a few short cuts
The recent Property Reserve decision may have cut some constitutional corners in search of an answer. By Bill Shiber
Basil S. Shiber
Shareholder
Miller Starr & Regalia
Business Law Litigation, Real Property Law
California Blvd 5FL P O Box 8177
Walnut Creek , CA 94596-8177
Phone: (925) 935-9400
Fax: (925) 933-4126
Email: basil.shiber@msrlegal.com
Santa Clara Univ SOL
Basil "Bill" Shiber is chair of the firm's eminent domain practice group. He is the author of Chapter 23 "Inverse Condemnation" and co-author of Chapter 24 "Eminent Domain" of Miller & Starr, California Real Estate (4th ed).
The government can legally enter onto or take private property in several ways: with the permission of the property owner; in an emergency, as a function of its police power (10th Amendment to the U.S. Constitution); by taking private property for a public purpose, and paying just compensation (Fifth Amendment to the U.S. Constitution); or, by obtaining a search warrant, based on probable cause (Fourth Amendment to the U.S. Constitu...
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