Constitutional Law
Apr. 30, 2025
When will they ever learn?
In Knellinger v. Young (2025), the 10th Circuit examined a case where Colorado's unclaimed property laws led to the state taking property without proper notice or compensation, with the court ultimately reaffirming that property owners are entitled to just compensation under the Fifth Amendment, regardless of administrative processes.
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.
In 1955 (a year that at least some of us actually
remember), Pete Seeger wrote the classic American folk song, "Where Have
All the Flowers Gone?" Its refrain forms the title to this column and also its theme because, once again, a government agency
is Shocked! Shocked! at being told that it may actually
have to pay for property taken. When will they ever learn?
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