Constitutional Law,
California Supreme Court
Apr. 26, 2017
Can private property be protected against the sea?
The California Supreme Court is about to hear argument in a case that will determine whether coastal property owners can protect what they own or whether Mother Nature is to be allowed to "reclaim" the coast and do as She wishes.
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
Nature can be unforgiving. It is not unusual for wave surge to wipe out a hundred feet or more of beach that homeowners believed provided them a reasonable buffer. See, e.g., Whaler's Village Club v. California Coastal Commission, 173 Cal. App. 3d 240 (1985). The same is true of wave action that undercuts coastal bluffs, turning what were once expansive yards into dangerous cliffs. Seawalls and revetments can pre...
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