Constitutional Law,
Administrative/Regulatory
Nov. 29, 2023
Is it time to reconsider Penn Central?
We need to stop kidding ourselves. Penn Central isn’t working and it can’t be fixed. The way to put all of us — judges, regulators, and property owners alike — out of the misery of trying to deal with it is for the Supreme Court to bite the bullet and eliminate it.
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.
In the field of regulatory takings, the Supreme Court has a case that it has regularly referred to as its “polestar.” The case is Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). Penn Central was decided nearly a half-century ago. One would think, for a case of that vintage with that sort of homage paid to it, that the law interpreting and applying it would be settled and easy to apply. One would be wrong.
Penn Centra...
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