Constitutional Law
Aug. 27, 2019
Clarifying regulatory takings
It is time to revisit and eliminate the confusing Penn Central factors, which have hamstrung substantive takings litigation, whether brought in state or federal court.
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
As the U.S. Supreme Court concluded its term in June, it cleared away a major obstacle to proper litigation of regulatory taking cases. In Knick v. Township of Scott, the court overturned the rule laid down 35 years ago in Williamson County Reg. Plan. Agency v. Hamilton Bank which required any property owner seeking to obtain compensation for a regulatory taking under federal law to f...
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