Government,
Constitutional Law,
Civil Litigation
Jul. 1, 2020
What are they thinking?
This is a story about railroads, property owners and government litigation strategy.
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.
This is a story about railroads, property owners and government litigation strategy. The background, in a nutshell, is this. More than a century ago, when railroads were helping to open the west by snaking their tracks all over the country, both government agencies and property owners were happy to speed the process. In some instances the government donated land for rights-of-way. Where that didn't happen, railroads negotiated with property owners t...
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