Constitutional Law,
California Supreme Court
Sep. 19, 2015
Testing the temerity of the takings clause
Recent cases have tested the scope of the takings clause of the Fifth Amendment to the U.S. Constitution in a variety of contexts.
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).
To the framers of the Constitution, the right to own and enjoy private property was central to a free society. The right was recognized in the takings clause of the Fifth Amendment: "nor shall private property be taken for public use without just compensation." A taking occurs when, in the words of the U.S. Supreme Court, the government goes "too far" in restricting the free use of property.
Yet the framers also understood that gover...For only $95 a month (the price of 2 article purchases)
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