Land Use,
Constitutional Law
May 30, 2023
Takings day at SCOTUS
A wag once noted that “a navigable river is any river with enough water in it to float a Supreme Court opinion.” See United States v. Kaiser Aetna, 408 F. Supp. 42, 49 (D. Hawaii 1976). The fact that people joke about it is a clue to its uncertainty. But it is no joke.
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.
Did you ever have the feeling that there were issues out there just begging to be decided? But somehow they never quite made it to the finish line? Today's column is about finally crossing that line. Twice. Each case is a little quirky in its own right, but nonetheless both of them with obvious results aching to be reached.
May 25 was a banner day for takings law decisions by the Supreme Court. The Court decided two of them: an important ca...
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