You could call this column an open letter to Justice Anthony Kennedy. On January 7, 2002, the U.S. Supreme Court heard oral argument in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 687 (2002). The central issue in the case was whether government – ...

When it issued its recent decision in Lingle v. Chevron U.S.A. Inc., 2005 WL 1200710, the U.S. Supreme Court untangled a quarter-century-old jurisprudential knot that it confessed probably was caused by its near absence from the field of takings law since 1922. Lingle involved a challenge ...

Twenty years ago, the U.S. Supreme Court established a “ripeness” hurdle for property owners wanting to litigate Fifth Amendment claims that government regulations took their property for public use without compensation. To give federal courts jurisdiction to hear them, the owners ...

Introduction I was planning to rant about how the Supreme Court seems to have been ignoring land use and property cases lately, having denied certiorari in a significant number of cases presenting interesting issues. But then the Justices came back from summer recess and — so far — ...

In a case resolving a complex procedural question about the ability of property owners to have access to federal courts for their disputes with local government agencies, the Supreme Court overruled a 34-year-old precedent and held that property owners—like all other Americans—are ...

Many large private landowners record notices under the provisions of the Civil Code in order to ensure that public use of their property does not morph into an implied dedication of their land to the public.

The Supreme Court missed an opportunity to bring some clarity to the law of regulatory takings and, instead, made the law more confusing and less protective of the rights of property owners.

The California Supreme Court reexamined the rules for determining the valuation of property taken by eminent domain but subject to potential future dedication exactions.

Manatt’s Michael Berger explains two recent takings decisions surrounding the flow of people crossing the U.S./Mexico border illegally and the policy decisions that helped the cases proceed.

Manatt’s Michael Berger discussed the ongoing issue of local governments imposing exactions on building permit fees despite Supreme Court precedents. 

In his latest Daily Journal column, Manatt Appellate Senior Counsel Michael Berger discussed COVID-19's impact on the rental housing marketing and the recent Darby decision. 

Manatt Appellate Senior Counsel Michael Berger discussed the practice of condemnation and City of Ontario v. We Buy Houses Any Condition, LLC. 

Best Lawyers named six Manatt attorneys “Lawyer of the Year” for 2025 – James Walsh, Linda Moroney, Michael Berger, Kathleen Brown, Barry Landsberg and Charles Washburn.

Eighty-seven Manatt attorneys have been named to the 2025 edition of Best Lawyers in America, which recognizes the nation’s leading lawyers each year based on a nationwide peer-review survey. 

Manatt Michael Berger was quoted in Law360 on the favorable outcome for landlords in the Federal Circuit’s recent decision to reverse the eviction ban. 

Manatt Appellate Senior Counsel Michael Berger was quoted in Daily Journal on an inverse condemnation case against the City of Sacramento.

Manatt Appellate Senior Counsel Michael Berger will speak on a panel titled “Unresolved Issues in Takings Law,” at a symposium hosted by the Pacific Legal Foundation and George Mason University, on October 4, 2024.

Manatt Appellate Senior Counsel Michael M. Berger will speak at the 21st annual Brigham-Kanner Property Rights Conference with two presentations.

Appellate Senior Counsel Michael Berger will virtually speak at the Eminent Domain and Land Valuation Litigation 2024 conference hosted by the American Law Institute Continuing Legal Education (ALI-CLE) to be held in New Orleans on February 2-3, 2024.

Appellate Senior Counsel Michael Berger will virtually present a keynote address titled “Theft, Extortion and the Constitution: Land Use Practice Needs an Ethical Infusion” at the 36th Annual Land Use Institute National Conference hosted by the Touro University Jacob D. Fuchsberg Law Center and the ...