Constitutional Law
Jan. 25, 2022
Constitutional takings by animals?
Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say. Perhaps, but the issue arises now and then and the judicial responses have been interesting. Letting the cat out of the bag early, I will tell you that the courts are not fond of endowing wild animals with governmental power.
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.
Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say. Perhaps, but the issue arises now and then and the judicial responses have been interesting. Letting the cat out of the bag early, I will tell you that the courts are not fond of endowing wild animals with governmental power. But there is at least one circumstance in which I believe that law is ripe for a change.
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