U.S. Supreme Court,
Constitutional Law,
California Supreme Court
Apr. 17, 2019
Missed opportunity to align state and federal takings law
It is truly a shame to see the California Supreme Court walk right up to the edge of aligning state and federal constitutional law — and then back away. Yet the court recently did just that.
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
It is truly a shame to see the California Supreme Court walk right up to the edge of aligning state and federal constitutional law -- and then back away. Yet the court recently did just that.
The subject was inverse condemnation, more particularly regulatory takings. Further refined, the question was the proper constitutional standard for a taking under the California Con...
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