Real Estate/Development,
California Courts of Appeal
Oct. 24, 2022
Real estate exactions – again
It is time for either the California Supreme Court to revisit its earlier decisions in light of the clear holdings and analysis of Nollan, Dolan and Koontz, or for the U. S. Supreme Court to once again bring California back into line with federal constitutional law.
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.
California developers have historically had problems with regulatory entities. A particular point of contention has been with exactions imposed as conditions to land use permits. As two seasoned land use practitioners expressed it a number of years ago, "California has always been notorious for being the first jurisdiction to sustain extreme municipal regulations. Practitioners in other states have joked about why a developer would sue a California community when it w...
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