Manatt Appellate Senior Counsel Michael Berger was quoted in Law360 on the favorable outcome for landlords in the Federal Circuit’s recent decision to reverse the eviction ban in Darby Development Company Inc. v. U.S.
The decision may deter government agencies from implementing policies that could be considered a taking under the Fifth Amendment, such as many of the current landlord-tenant policies regulating property owners’ assets including through rent control and eviction limits. "All federal programs should be viewed in that light," Berger said.
Often in property rights cases, the “bundle of sticks” concept is referenced, which paints the illustration that the legal framework for property ownership is created when the components are taken together, the most crucial stick being the right to exclude, according to Berger. "For people on the regulatory side who are aghast at decisions like [Darby], and think they'll have adverse impact, they haven't been paying attention,” Berger said.
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