Land Use,
Constitutional Law,
California Supreme Court
Mar. 26, 2020
Unfinished takings business at the US Supreme Court
Last year the court discarded the state litigation requirement, but questions remain.
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.
Thirty-five years ago, the U.S. Supreme Court decided a case that roiled the waters of regulatory takings law: Williamson County Reg. Plan. Commn. v. Hamilton Bank, 473 U.S. 172 (1985). The case laid down two rules: first, a federal constitutional takings claim could not be brought in federal court until relief had first been sought -- and denied -- under the parallel state constitutional takings provision; and second, th...
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