U.S. Supreme Court,
Constitutional Law
Jan. 25, 2023
Confiscating equity through foreclosure?
The U.S. Supreme Court will soon decide whether states that foreclose and take equity beyond delinquent taxes violate the Fifth Amendment’s takings clause and the Eighth Amendment’s excessive fines clause.
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.
I have been practicing takings law for more than fifty years. I get the feeling that I must have seen everything. Now and then, however, something comes along that stuns even me. Here is my current stunner in the field of combat between overreaching government agencies and innocent property owners.
In one corner, we have Hennepin County, Minnesota. In the other is 93-year-old Geraldine Tyler. Ms. Tyler (who had moved out of her condo and in...
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