Why Takings Law Matters

By: Michael M. Berger
– Daily Journal

"Why, you might ask, is takings law important enough to warrant a monthly column on the subject, let alone the stream of court decisions that seems unceasing? Let’s start with the fact that it deals with property, a subject that touches us all in one way or another. Are you a homeowner whose neighbors object to the way you want to enlarge your house beyond the general size of homes in the neighborhood? Are you one of the neighbors who fears the 'mansionization' of your neighborhood with its possibly negative impact on the value of your own home? Do you want to develop an 'infill' parcel, i.e., an empty lot in a generally developed area? Do you object to someone putting a subdivision on a nearby plot of land that has been vacant for many years? Do you consider that land your, or your kids’, playground? These issues hit us, one might say, where we live. And the resulting litigation will involve takings law."

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