U.S. Supreme Court,
Government,
Constitutional Law
Feb. 28, 2018
Strange things are afoot in takings case
A petition for certiorari is pending in a strange takings case. Although few come in contact with this kind of taking, the legal issues surrounding its process are what raises the eyebrows.
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
A petition for certiorari is pending in a strange takings case: Brott v. United States, 17-712. Although few come in contact with this kind of taking, the legal issues surrounding its process are what is strange. The case concerns a federal statute involving the conversion of abandoned railroad rights-of-way to recreational (i.e., hiking and biking) trails. It is an unusual enough kind of case that the ...
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