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U.S. Supreme Court,
Constitutional Law

May 30, 2018

Takings law outside of California

One might ask what happens in other parts of the country when similar precepts are brought forth in litigation. Here is a recent example.

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.

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Takings law outside of California
A private property sign and gate blocking the road to Martin's Beach, once a revered hideaway for surfers, fishers and beachgoers, drawn by its isolation, in Half Moon Bay, May 19, 2014. (New York Times News Service)

TAKINGS TALK

In March, this column discussed the recent California Court of Appeal decision involving Martins Beach. There, the court held that private property that represented virtually the only access to a privately owned beach was subject to an easement of access in favor of the public. The court held that the easement, although severely impacting the rights of the property owner, nonetheless entitled the general public to use it. Because ...

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