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U.S. Supreme Court,
Constitutional Law

Jan. 26, 2017

The ripeness hurdle in takings cases

The general concept of ripeness should be no stranger to lawyers. After all, one should bring no case before its time. We are all accustomed to dealing with various statutes of limitation and repose. But takings cases are different.

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 TALK

The general concept of ripeness should be no stranger to lawyers. After all, one should bring no case before its time. We are all accustomed to dealing with various statutes of limitation and repose. But takings cases are different. The U.S. Supreme Court has invented a special hurdle to keep property owners from suing in federal court in order to vindicate federal rights protected by the 5th Amendment.

The ripeness test inv...

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