Constitutional Law
May 27, 2020
COVID-19 meets the 5th Amendment
This column is concerned with one specific kind of guarantee and one specific type of relief: Are these orders valid under the 5th Amendment’s guarantee against uncompensated takings of property and what compensation is due if that guarantee is violated?
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.
We have delayed addressing the subject of today's column to see what takings law issues might arise from the various orders from government agencies at all levels in response to COVID-19. For several months, citizens from coast to coast have been subjected to various orders (many from state governors issuing so-called executive orders, others from lesser levels of government exercising what they view as their police powers) dictating how they need t...
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