Constitutional Law
Feb. 26, 2020
Dropping Hurricane Harvey’s other shoe
Rule number one for property owners and their counsel in physical takings cases is that the one thing you do not want to hear from the judge, either orally or in writing, is the phrase “act of God.” It is a sure sign that the case is going against you.
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.
Two months ago, this column discussed part of the aftermath of Hurricane Harvey, a massive storm that wreaked havoc across much of Texas. See Michael M. Berger, "The Feds' Evasion of Takings Law," Daily Journal, Dec. 26, 2019. That column dealt with flooding that occurred upstream from two dams created to provide some measure of flo...
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