When Is It Not a Constitutional Taking Case?

By: Michael M. Berger
– Daily Journal

"The normal focus of this column is to examine what it takes to properly allege a constitutional property violation, a taking of property within the meaning of the Fifth Amendment to the United States Constitution or Article I, section 19 of the California Constitution. This month’s column will take a little detour and will analyze some misbegotten cases that lawyers sought to frame as takings cases (so as to gain the benefit of constitutional protection) but ended up only making themselves (and, by extension, the takings bar generally) look foolish."

Read the article here (subscription required).

manatt-black

ATTORNEY ADVERTISING

pursuant to New York DR 2-101(f)

© 2024 Manatt, Phelps & Phillips, LLP.

All rights reserved