Constitutional Law
Jan. 29, 2020
Property ‘dedication’: Gift or theft?
I hate word games. One that has haunted the land use field for years is the use (or abuse) of the word “dedication.” Land use regulators are fond of requiring property owners to “dedicate” property as a condition to obtaining development approval.
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.
I hate word games. One that has haunted the land use field for years is the use (or abuse) of the word "dedication." Land use regulators are fond of requiring property owners to "dedicate" property as a condition to obtaining development approval. That developers accede to such demands (on the theory that it is cheaper and easier to comply and get on with the project than to litigate for years) doesn't change the ordinary meaning of the word. There...
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