The Unconstitutional Conditions Doctrine

By: Michael M. Berger
– Daily Journal

Manatt Appellate Senior Counsel Michael Berger authored an article for Daily Journal about how the unconstitutional conditions doctrine has historically affected takings law and how the Supreme Court has provided guidance on applying it to unique property cases.  

In the article, Berger discussed a pending Supreme Court case in which a petition for certiorari was filed after a group of nurse practitioners in the United States Air Force had to pay their tenants a “relocation payment” when the city of Oakland changed the rules regarding the conditions of property owners’ right to reclaim their housing possession. On the issue at hand, Berger noted: “The general issue of a city's ability to condition a property owner's right to reclaim possession would be interesting enough, but it has a twist in this case. The rules were changed in the middle of the game. The ink on this lease was already dry.” 

Daily Journal subscribers can read the full article here

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