U.S. Supreme Court,
Constitutional Law
Jul. 26, 2017
Turning takings law into hash
Instead of clarity, at the end of its last term the Supreme Court gave us more vague issues that will engender years of litigation.
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
The concept of regulatory takings, i.e., takings of property that are effected by stringent regulations rather than physical occupation, has been in a state of confusion for most of its life. It began with what appeared to be largely an offhand comment, i.e., that if regulation goes “too far” it will be recognized as a taking. The Supreme Court said that in 1922, in Pennsylvania Coal...
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