When A Taking Is Legislative or Administrative, Does It Matter?

By: Michael M. Berger
– Daily Journal

Manatt Appellate Senior Counsel Michael Berger wrote an article for Daily Journal on a recent issue that arose in the Court of Appeals surrounding the difference between legislatively and administratively imposed takings by a government agency. In Knight v. Metropolitan Government of Nashville & Davidson County, the city said an ordinance mandating that all persons granted building permits must agree to dedicate an easement for a sidewalk was imposed legislatively. The property owner said the manner of the imposition doesn’t matter. Berger explained the existing case law and how the U.S. Supreme Court may have to step in to clarify. 

Daily Journal subscribers can read the full article here.   



pursuant to New York DR 2-101(f)

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