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Government

Dec. 26, 2024

Here they go again

The federal government often avoids taking responsibility for actions that affect property owners, leading to prolonged litigation. A recent case, Ideker Farms, LLC. v. United States, highlights this issue

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.

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The federal government is notorious for its refusal to accept responsibility for the consequences of its actions. It has, for years, forced property owners claiming that federal government actions took their property within the meaning of the Fifth Amendment to file complaints and appeals (sometimes multiples of each), even when the law has been clearly laid down by the United States Supreme Court and it demonstrates liability.

One area of recent and con...

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