Michael M. Berger
Michael Berger is one of California’s preeminent appellate lawyers and is a senior counsel in Manatt Real Estate and the appellate practice. One of the top land use and condemnation lawyers in the United States, his appellate cases have involved planning, zoning, eminent domain, various kinds of business litigation, landslides, contract, due process, equal protection, defective construction, nuisance, insurance and environmental law.
Michael has argued four cases before the United States Supreme Court, as well as cases before appellate courts throughout California, numerous federal courts of appeal and other state supreme courts. He is also the frequent author of amicus curiae briefs in various appellate courts, particularly the U.S. Supreme Court, pressing client interests in important pending cases.
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Michael M. Berger
Michael Berger is one of California’s preeminent appellate lawyers and is a senior counsel in Manatt Real Estate and the appellate practice. One of the top land use and condemnation lawyers in the United States, his appellate cases have involved planning, zoning, eminent domain, various kinds of business litigation, landslides, contract, due process, equal protection, defective construction, nuisance, insurance and environmental law.
Michael has argued four cases before the United States Supreme Court, as well as cases before appellate courts throughout California, numerous federal courts of appeal and other state supreme courts. He is also the frequent author of amicus curiae briefs in various appellate courts, particularly the U.S. Supreme Court, pressing client interests in important pending cases.
Experience
Appellate Matters
- Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002) (whether a land use moratorium is a taking of property must be decided on a case-by-case basis).
- City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687 (1999) (right to Seventh Amendment jury trial and Fifth Amendment compensation for regulatory taking).
- Preseault v. ICC, 494 U.S. 1 (1990) (federal “rails-to-trails” statute is valid under the Commerce Clause; however, compensation may be sought in the Claims Court under the Just Compensation Guarantee).
- First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987) (Constitution requires just compensation for regulatory taking of property).
- Metropolitan Water Dist. v. Campus Crusade for Christ, 2007 WL 2079776 (2007) (restricting role of condemnation trial judge to gatekeeper on value issues).
- Mt. San Jacinto Community College Dist. v. Superior Court, 40 Cal. 4th 648 (2007) (determination of date of value in eminent domain cases).
- Regency Outdoor Advertising v. City of Los Angeles, 39 Cal. 4th 507 (2006) (compensability of blocked billboards).
- People ex rel. Dept. of Transportation v. Southern California Edison Co., 22 Cal. 4th 791 (2000) (computation of interest due for prejudgment possession in eminent domain).
- City of Manhattan Beach v. Superior Court, 13 Cal. 4th 232 (1996) (where deed is ambiguous, extrinsic evidence may be used to demonstrate fee transfer).
- State Farm Fire & Cas. Co. v. Von Der Lieth, 54 Cal. 3d 1123 (1991) (third-party negligence is a covered peril under an “all risk” homeowners' insurance policy).
- County of Los Angeles v. Berk, 26 Cal. 3d 201 (1980) (years of adverse use shows property impliedly dedicated to public).
- Greater Westchester Homeowners Ass'n v. City of Los Angeles, 26 Cal. 3d 86 (1979) (victims of airport nuisance may recover damages for emotional distress).
- Britt v. Superior Court, 20 Cal. 3d 844 (1978) (First Amendment precludes governmental inquiry into plaintiffs' discussions about lawsuit; interrogatories re medical history limited to injury being litigated).
- City of Los Angeles v. Decker, 18 Cal. 3d 860 (1977) (government attorneys owe duty to litigate fairly and not to mislead jury).
- South Coast Regional Commission v. Gordon, 18 Cal. 3d 832 (1977) (requirements for vested rights under state coastal legislation).
- City of San Jose v. Superior Court, 12 Cal. 3d 447 (1974) (claim for airport noise damage may be filed on behalf of class; but class lawsuit not appropriate, as each parcel is unique).
- Nestle v. City of Santa Monica, 6 Cal. 3d 920 (1972) (government agencies are liable for nuisance).
- 99 Cents Only Stores v. Lancaster Redevelopment Agency, 60 Fed. Appx. 123 (9th Cir. 2003) (power of eminent domain cannot be used to condemn for purely private purpose).
- Kottschade v. City of Rochester, 319 F.3d 1038 (8th Cir. 2003), cert. pending (whether ripeness rules need correction is for Supreme Court to decide).
- Sinclair Oil Co. v. County of Santa Barbara, 96 F.3d 401 (9th Cir. 1996) (use of ripeness and abstention doctrines in regulatory taking and substantive due process land use cases).
- Hendler v. United States, 952 F.2d 1364 (Fed. Cir. 1991) (physical invasion of property by government is a taking, regardless of good intentions of government; U.S. is responsible for actions of state officials acting pursuant to U.S. authority).
- National Advertising Co. v. City of Raleigh, 947 F.2d 1158 (4th Cir. 1991) (property owner has immediate cause of action for regulatory taking as soon as ordinance affecting property is adopted).
- Glosemeyer v. Missouri-Kansas-Texas R.R., 879 F.2d 316 (8th Cir. 1989) (constitutionality of 16 USC §1247[d] re rails-to-trails conversion of abandoned railroad rights-of-way).
- Sinaloa Lake Owners Assn. v. City of Simi Valley, 882 F.2d 1398 (9th Cir. 1989) (arbitrary government action gives a property owner a cause of action for violation of substantive due process).
- Lake Nacimiento Ranch Co. v. County of San Luis Obispo, 841 F.2d 872 (9th Cir. 1987) (ripeness of regulatory taking case and propriety of procedural due process claims).
- Miller v. City of Los Angeles, 755 F.2d 1390 (9th Cir. 1985) (no federal remedy available for unconstitutional state tax scheme).
- Kollsman v. City of Los Angeles, 737 F.2d 830 (9th Cir. 1984) (use of abstention doctrine in regulatory taking land use cases).
- Safeco Ins. Co. v. Guyton, 692 F.2d 551 (9th Cir. 1982) (all-risk homeowners policy provides coverage if a cause of the loss is covered, even though another cause of the loss is excluded).
- Friedman Bros. Inv. Co. v. Lewis, 676 F.2d 1317 (9th Cir. 1982) (federal decision to fund project makes NEPA dispute ripe for decision).
- City of Romulus v. County of Wayne, 634 F.2d 347 (6th Cir. 1980) (adequacy of airport EIR and propriety of appellate review after completion of project).
- Lurie v. State of California, 633 F.2d 786 (9th Cir. 1980) (analysis of res judicata in the context of reserving federal claims in state court litigation).
- Burbank Anti-Noise Group v. Goldschmidt, 623 F.2d 115 (9th Cir. 1980) (no need for EIR when federal funds used to facilitate public purchase of private airport).
- City of Inglewood v. Unnamed Citizens, Residents and Owners of Property Within City of Inglewood, 508 F.2d 1283 (9th Cir. 1974) (law firm standing to protect class members).
- City of Inglewood v. City of Los Angeles, 451 F.2d 948 (9th Cir. 1972) (airport neighbors are third-party beneficiaries of airport promises to FAA regarding noise control).
- Jefferson Street Ventures v. City of Indio, 236 Cal. App. 4 1175 (2015) (city action warranted both writ of mandate and takings trials).
- San Joaquin Local Agency Formation Comm’n v. Superior Court, 162 Cal. App. 4 146 (2008) (to begin new service, government agency needs LAFCO approval).
- Midland Pacific Bldg. Corp. v. King, 159 Cal. App. 4 499 (2007) (anti-SLAPP statute satisfied).
- Pasadena Metro Blue Line Construction Authority v. Pacific Bell Telephone Company, 140 Cal. App. 4th 658 (2006) (compensability of relocated utility lines).
- Allegretti v. County of Imperial, 138 Cal. App. 4th 1261 (2006) (constitutional analysis of relationship between water rights and takings law).
- PBA, LLC v. KPOD, Ltd., 112 Cal. App. 4th 965 (2003) (proper interpretation of statutes involving disqualification of judges and declaration of vexatious litigants).
- Pieper v. Commercial Underwriters Ins. Co., 59 Cal. App. 4th 1008 (1997) (how to recover under an insurance policy when there are multiple causes of loss).
- Ellis v. State, 51 Cal. Rptr. 2d 458 (1996) (ordinary tort defenses do not bar landowner from recovering in inverse condemnation).
- City of Pasadena v. State, 14 Cal. App. 4th 810 (1993) (environmental impact of new probation facility properly analyzed; no due process claim because other cities paid for the move).
- Palmer v. City of Ojai, 178 Cal. App. 3d 280 (1986) (failure to act on project application within one year means project is deemed approved).
- Remmenga v. California Coastal Comm'n., 163 Cal. App. 3d 623 (1985) (last case before Nollan to uphold Coastal Commission extortion of easements).
- Mitakis v. Department of General Services, 149 Cal. App. 3d 684 (1983) (state's concern in relocating business is compensation for costs incurred).
- City of Los Angeles v. Tilem, 142 Cal. App. 3d 694 (1983) (violation of standards in Uniform Real Property Acquisition Policies Act is unreasonable conduct that requires compensation).
- Anderson v. Superior Court, 142 Cal. App. 3d 112 (1983) (venue change required to provide property owners a neutral forum).
- Andrews v. County of Orange, 130 Cal. App. 3d 944 (1982) (jury misconduct mandated new trial; airport neighbors entitled to recover for emotional distress caused by noise).
- Smart v. City of Los Angeles. 112 Cal. App. 3d 232 (1981) (inverse condemnation statute of limitations does not begin to run until government actions have negative impact on private property).
- People v. Sunshine Canyon, Inc., 94 Cal. App. 3d 599 (1979) (entitlement to litigation costs in direct and inverse condemnation).
- Stone v. City of Los Angeles, 51 Cal. App. 3d 987 (1975) (compensation must be paid for damage resulting from delay in instituting condemnation action after announcement of intent to condemn).
- Drennan v. County of Ventura, 38 Cal. App. 3d 84 (1974) (elements of prescriptive avigation easement not established).
- Residents of Beverly Glen, Inc. v. City of Los Angeles, 34 Cal. App. 3d 117 (1973) (standing of organization to sue on behalf of members).
- Blau v. City of Los Angeles, 32 Cal. App. 3d 77 (1973) (government is liable in inverse condemnation if its actions are a substantial contributing cause of the loss).
- Greater Omaha Realty Co. v. City of Omaha, 605 N.W.2d 472 (Neb. 2000) (right to take challenge becomes moot when project is built during appeal process).
- Killington, Ltd. v. State, 668 A.2d 1278 (Vt. 1995) (regulatory taking suit not ripe where no permit sought for ultimate project desired).
- State ex rel. Nagel v. Crookham, 680 P.2d 652 (Ore. 1984) (precondemnation damages may be sought by counterclaim).
- Murty v. Lexington-Fayette Urban County Airport Bd., 612 S.W.2d 765 (Ky. App. 1981) (right to take may not be challenged by interlocutory appeal).
Amicus Curiae Matters
- Horne v. U.S. Dept. of Agriculture, 133 S. Ct. 2053 (2015) (taking of personal property).
- Koontz v. St. Johns River etc. Dist., 133 S. Ct. 2586 (2013) (expansion of exaction rules to money).
- Kelo v. City of New London, 545 U.S. 469 (2005) (scope of the “public use” concept in eminent domain).
- San Remo Hotel v. City & County of San Francisco, 545 U.S. 323 (2005) (impact of Full Faith and Credit Act on property owner's ability to sue for regulatory taking in federal court).
- Lingle v. Chevron USA, Inc., 544 U.S. 528 (2005) (regulatory taking requires economic impact).
- Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992) (legislation that deprives property owner of beneficial or productive use of land is a taking; exceptions to this rule are narrow and must account for property owner's expectations when property was acquired; legislative “findings” are not conclusive).
- Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987) (permit condition that is unrelated to public burden to be caused by proposed development is void).
- MacDonald, Sommer & Frates v. County of Yolo, 477 U.S. 340 (1986) (regulatory taking case held unripe for litigation).
- Kirby Forest Indus., Inc. v. U.S., 467 U.S. 1 (1984) (Constitution requires eminent domain valuation near date of taking).
- Agins v. City of Tiburon, 447 U.S. 255 (1980) (regulatory taking case held unripe for litigation).
- Marine Forests Society v. California Coastal Comm'n., 36 Cal. 4th 1 (2005) (constitutionality of the California Coastal Commission).
- Yee v. City of Escondido, 503 U.S. 519 (1992) (mobile home park rent and vacancy control regulations are not a physical taking of property; whether they are regulatory taking was not decided).
- Galland v. City of Clovis, 24 Cal. 4th 1003 (2001) (city may be liable for damages for deprivation of property without substantive due process).
- City of San Diego v. Neumann, 6 Cal. 4th 738 (1993) (in direct condemnation, “larger parcel” can be determined by examining unity of future use).
- Garvey v. State Farm Fire and Cas. Co., 48 Cal. 3d 395 (1989) (homeowners' insurance policy provides coverage if a covered peril is a substantial cause of the loss).
- Baker v. Burbank-Glendale-Pasadena Airport Auth., 39 Cal. 3d 862 (1985) (public agency liable in inverse condemnation even if it lacks power to condemn; airport operation is continuing nuisance).
- Redevelopment Agency v. Gilmore, 38 Cal. 3d 790 (1985) (just compensation guarantee includes interest at market rate).
- Jones v. People ex rel. Dept. of Transportation, 22 Cal. 3d 144 (1978) (state is liable in inverse condemnation when its highway plans result in elimination of access to private property).
- Santini v. Connecticut Hazardous Waste Management Service, 342 F.3d 118 (2d Cir. 2003) (fairness demands ability of property owner to reserve federal issues for federal court litigation when compelled to litigate in state court).
Accomplishments
Partial List
Speaker, “Regulatory Takings Update,” Eminent Domain and Land Valuation Litigation 2025, American Law Institute Continuing Legal Education, January 30-February 1, 2025.
Speaker, “Unresolved Issues in Takings Law,” Pacific Legal Foundation, October 4, 2024.
Speaker, “Is SCOTUS Your Friend?,” Brigham-Kanner Property Rights Conference, Williamsburg, Virginia, September 13, 2024.
Speaker, “Regulatory Takings Update,” Eminent Domain and Land Valuation Litigation 2024, American Law Institute Continuing Legal Education, February 2-3, 2024.
Keynote speaker, “Theft, Extortion and the Constitution: Land Use Practice Needs an Ethical Infusion,” 36th Annual Land Use Institute National Conference, Touro University Jacob D. Fuchsberg Law Center and the Institute for Land Use and Sustainable Development Law, February 8, 2023.
Speaker, “Regulatory Takings Update,” Eminent Domain and Land Valuation Litigation 2023, American Law Institute Continuing Legal Education, February 4, 2023.
Speaker, “A Festschrift Symposium Honoring Daniel Mandelker,” Washington University School of Law, September 28, 2022.
Speaker, “The Importance of Property Rights: A Tribute to James S. Burling,” Brigham-Kanner Property Rights Conference, September 30, 2022.
Speaker, “Regulatory Takings Update,” American Law Institute Continuing Legal Education Annual Program on Eminent Domain and Land Valuation Litigation 2022, Scottsdale, AZ, January 29, 2022.
Speaker, “Where Is the Supreme Court Headed on Takings Cases? Regulatory Takings Update and Cedar Point Preview,” American Law Institute Continuing Legal Education Annual Program on Eminent Domain and Land Valuation Litigation 2021, January 28, 2021.
Speaker, “Making Sense of the New Rules After Knick v. Township of Scott: Where Do I Go, What Do I Do?” American Law Institute Continuing Legal Education Annual Program on Eminent Domain and Land Valuation Litigation 2020, Nashville, TN, January 24, 2019.
Speaker, “What’s Federalism Got to Do with Regulatory Takings?” Brigham-Kanner Property Rights Conference, October 2018.
Speaker, “Regulatory Takings Update,” American Law Institute Continuing Legal Education Annual Program on Eminent Domain and Land Valuation Litigation 2018, Charleston, SC, January 27, 2018.
Speaker, “The Future of Regulatory Taking Law,” CLE International’s 20th Annual Eminent Domain Institute, Los Angeles, CA, January 18–19, 2018.
Speaker, “Increasing Affordable/Workforce Housing & Using the Law to Do It,” Building Industry Legal Defense Foundation’s Spring Seminar, May 11, 2017.
Speaker, "Annual Takings Review," National Association of Home Builders LANDS Housing Law CLE and Roundtable, Washington, D.C. April 14, 2016.
Panelist, "Good News and Bad News: Legal Impediments to Development," U.S.C. Real Estate Law and Business Forum, March 10, 2016. "Clarity and Common Sense From the Supreme Court," Keynote Address, Annual Appraisal Symposium, Marquette University, June 3, 2015.
Panelist, “A Banner Year for the Fifth Amendment,” 28th Annual Land Use Law & Planning Conference, January 31, 2014.
"Course of Study in Eminent Domain and Land Valuation Litigation," ALI-ABA, Coral Gables, FL, February 2011.
"American Property Rights and Land Issues Debate," American Planning Association, San Antonio, TX, April 2006.
"Takings, Eminent Domain, and the Attack on Redevelopment," UCLA, January 2006.
"Recent State and Federal Case Developments," ALI-ABA, Inverse Condemnation and Related Government Liability, Washington, D.C., April 2004.
"Is the Supreme Court Really Different?" Los Angeles County Bar Association, Appellate Courts Committee, Los Angeles, CA, March 2004.
"Supreme Court Decisions and Their Impact on the Appraisal Profession," "Complex Appraisal Issues Raised By Current Land Use Trends," Appraisal Institute, Appraisal Litigation Practice and Courtroom Management, Sacramento, CA, April 2003.
"Protecting Property Rights in a Regulatory Era," Georgetown University, Annual §1983 Civil Rights Litigation Seminar, San Francisco, CA, May 2001.
"Advanced Land Use (Planning and Regulatory Issues)," International Council of Shopping Centers, 2000 U.S. Shopping Center Law Conference, Orlando, FL, October 2000.
Named to Pasadena Top Attorneys, Pasadena Magazine, 2023
Named Best Lawyers® 2023 and 2025 Los Angeles Eminent Domain and Condemnation Law “Lawyer of the Year"
Named Best Lawyers® 2022 Los Angeles Appellate Practice “Lawyer of the Year”
Recipient of Brigham-Kanner Prize from William & Mary Property Rights Project, for 45 years of practice and scholarship aimed at upholding the rights of property owners
Recipient of Crystal Eagle Award from Owners’ Counsel of America for 40 years of protecting and advancing the rights of private property owners in the courts
Southern California Super Lawyers 2004–2023
Recipient, Distinguished Alumni Award, Washington University School of Law, 2008
Named as one of the Top-Ranked Attorneys, Chambers USA, 2016–2019
Named Best Lawyers® 2021 Litigation – Land Use and Zoning “Lawyer of the Year"
Named Best Lawyers® 2020 Los Angeles Eminent Domain and Condemnation Law “Lawyer of the Year"
Named Best Lawyers® 2016 Los Angeles Eminent Domain and Condemnation Law “Lawyer of the Year"
Named Best Lawyers® 2012 Los Angeles Eminent Domain and Condemnation Law “Lawyer of the Year"
Named by Los Angeles Magazine and Law & Politics Magazine as one of Southern California’s Super Lawyers 2004–2017, the Best Attorneys in Southern California, and one of the "top 100" in that survey
Named one of The Best Lawyers in America, 2006–2025 (eminent domain, appellate law, and litigation - real estate)
Named as one of the "Lawdragon 3000 Leading Lawyers in America," 2006
Named by California Lawyer as one of California’s "Lawyers of the Year," 1998
Named by Los Angeles Business Journal as one of 100 most prominent business attorneys, 1995
Recipient of Harrison Tweed Award for Special Merit in Continuing Legal Education, for career contributions to post-admission legal education, American Law Institute – American Bar Association, 1989
Admitted to practice in California and Missouri. Member, United States Supreme Court Bar, United States Claims Court Bar, Ninth Circuit Bar, Eighth Circuit Bar, Seventh Circuit Bar, Sixth Circuit Bar, Fourth Circuit Bar, Second Circuit Bar, First Circuit Bar, Federal Circuit Bar
Certified Specialist, Appellate Law, The State Bar of California Board of Legal Specialization
Member, State Bar of California; Member, Appellate Courts Committee, 1978-1982; Chair, 1981-1982; Member, Condemnation Committee, 1985-1988
Member, California Academy of Appellate Lawyers; President, 1980-1981
Fellow, American Academy of Appellate Lawyers, 1997-present
Member, American College of Real Estate Lawyers, 1988-present
Member, Center for American and International Law; Member, Advisory Board, Municipal Legal Studies Center, 1989-present; Vice-Chair, 1998-2004; Chair, 2004-present
Adjunct Professor of Law, Takings Law and Legislation, Washington University School of Law, 2014-present
Adjunct Professor of Law, Litigating Land Use Cases, University of Southern California School of Law, 2015-present
Adjunct Professor of Law, LL.M. program in Real Property Development, University of Miami School of Law, 1996-present
Member, Owners Counsel of America
Member, Advisory Board, California Land Use Law & Policy Reporter
Member, American Bar Association; Real Property, Probate and Trust Law Sections; State and Local Government Law
Partial List
Author, “Some People Never Quit,” Daily Journal, November 27, 2024.
Author, “Down Mexico Way,” Daily Journal, October 30, 2024.
Author, “Are Local Governments Violating Supreme Court Exaction Precedents?,” Daily Journal, September 25, 2024.
Author, “Rental housing: The COVID factor,” Daily Journal, August 28, 2024.
Author, “Overreaching Condemnors,” Daily Journal, July 29, 2024.
Quoted, “Property Company Sues Sacramento for Failing to Police Vagrancy,” Daily Journal, July 31, 2024.
Quoted, “Fed. Circ.'s Eviction Ban Ruling a Big Win for Landlords,” Law360, August 9, 2024.
Author, “What is a ‘Rails-to-Trails’ Case?,” Daily Journal, June 26, 2024.
Author, “Takings by the Judiciary,” Daily Journal, May 29, 2024.
Author, “Don’t Make a Federal Case of It,” Daily Journal, April 18, 2024.
Quoted, “Supreme Court: Legislated Permit Fees Not Exempt From Takings Clause,” Daily Journal, April 15, 2024.
Author, “Is a taking based on pretext constitutional?,” Daily Journal, March 29, 2024.
Author, “…but some animals are more equal than others,” Daily Journal, February 28, 2024.
Co-author, “A 60-Year Retrospective in Memory of Gideon Kanner”, Zoning and Planning Law Report, February 2, 2024.
Author, “California exactions – one more time,” Daily Journal, January 16, 2024.
Author, “Rent control confronts the Constitution ,” Daily Journal, December 27, 2023.
Author, “The IRA’s Property Rights Ramifications: Drug-Price “Negotiation” Meets The Takings Clause,” Washington Legal Foundation, December 14, 2023.
Quoted, "Gideon Kanner 1930 - 2023," Daily Journal, December 1, 2023.
Author, “Protecting Property: A Tribute to Jim Burling,” Brigham-Kanner Property Rights Journal, Volume 12, November 29, 2023.
Author, “Is it time to reconsider Penn Central?,” Daily Journal, November 28, 2023.
Author, “Physical takings under copyright law,” Daily Journal, October 25, 2023.
Author, “Airport noise is back in the news,” Daily Journal, September 27, 2023.
Author, “When a taking is legislative or administrative, does it matter?,” Daily Journal, August 30, 2023.
Author, "Who Benefits From Delay?,” Daily Journal, July 26, 2023.
Author, “Takings day at SCOTUS ,” Daily Journal, May 30, 2023.
Author, “Legislative? Administrative? Constitutional? Land-use law is in disarray,” Daily Journal, May 24, 2023.
Author, “The Mirror Dimension: An Alternative View of an Alternate Reality,” California Litigation, May 2023.
Author, “
<p>Author, “<a data-cke-saved-href=" www.dailyjournal.com="">Exploding vocabulary,” Daily Journal, March 10, 2023.
Author, “Takings law and gig workers,” Daily Journal, February 22, 2023.
Author, “Confiscating equity through foreclosure?,” Daily Journal, January 25, 2023.
Author, “In whose backyard?,” Daily Journal, November 30, 2022.
Author, “Theft, Extortion, and the Constitution: Land Use Practice Needs an Ethical Infusion,” Touro Law Review, 2022.
Author, “Real estate exactions – again,” Daily Journal, October 24, 2022.
Author, “Apartment owners prevail in COVID-19 test,” Daily Journal, September 28, 2022.
Author, “Oil and gas and cities – Oh, my!,” August 31, 2022.
Author, “Takings and copyright law,” Daily Journal, July 27, 2022.
Author, “Can a bee ever be a fish? Ah, definitions…,” Daily Journal, June 3, 2022.
Author, “COVID shutdowns and the Constitution,” Daily Journal, May 31, 2022.
Author, “Someday your price will come? Really?,” Daily Journal, April 27, 2022.
Author, “The unconstitutional conditions doctrine,” Daily Journal, March 28, 2022.
Author, “The regulatory taking conundrum,” Daily Journal, February 28, 2022.
Author, “Constitutional takings by animals?,” Daily Journal, January 25, 2022.
Author, “Takings law potpourri in 2021,” Daily Journal, December 30, 2021.
Author, “Ethics, schmethics — this is property litigation!” Daily Journal, November 29, 2021.
Author, “An invalid targeted taking,” Daily Journal, October 26, 2021.
Author, “Whither Regulatory Takings?,” American Bar Association, October 13, 2021.
Author, “‘Too Big to Fail’ — The Sequel,” Daily Journal, September 29, 2021.
Author, “A smorgasbord of rental takings cases,” Daily Journal, August 25, 2021.
Co-author, “Federal Drone Law in the United States,” Practical Guidance, July 14, 2021.
Author, “A SCOTUS takings trifecta,” Daily Journal, July 7, 2021.
Author, “Paper streets and the US Constitution,” Daily Journal, June 23, 2021.
Author, “Over-reaching regulation squelched,” Daily Journal, May 18, 2021.
Author, “Is the prevention of ‘future blight’ a public use?,” Daily Journal, April 28, 2021.
Author, “New book explains regulatory takings in the wake of Knick,” Daily Journal, February 23, 2021.
Author, “Possibly the US Supreme Court’s next takings case,” Daily Journal, January 27, 2021.
Author, “A plea for publication: ruling on common takings issue,” Daily Journal, December 4, 2020.
Author, “Do farmers have property rights?” Daily Journal, November 30, 2020.
Author, “Access to federal courts still denied to property owners,” Daily Journal, October 28, 2020.
Author, “RBG, her successor and takings law,” Daily Journal, September 29, 2020.
Author, “Biden on property rights,” Daily Journal, August 25, 2020.
Author, “Kelo, continued,” Daily Journal, July 28, 2020.
Author, “What are they thinking?” Daily Journal, July 1, 2020.
Author, “COVID-19 meets the 5th Amendment,” Daily Journal, May 27, 2020.
Author, “Sprawl vs. Density,” Daily Journal, April 30, 2020.
Author, “Unfinished takings business at the US Supreme Court,” Daily Journal, March 26, 2020.
Author, “Dropping Hurricane Harvey’s other shoe,” Daily Journal, February 26, 2020.
Author, “Property ‘dedication’: Gift or theft?” Daily Journal, January 29, 2020.
Author, “A Long and Winding Road to Undo Bad Supreme Court Law,” 33:2 Cal. Litigation 3, 2019.
Author, “The Feds’ evasion of takings law,” Daily Journal, December 27, 2019.
Author, “Knick Interruptus?” Daily Journal, December 10, 2019.
Co-author, “Yes, the ‘Knick’ Ruling Does Signal a Change—And That’s a Good Thing,” The National Law Journal, December 2, 2019.
Author, “Coastal Commission: Talk to the Dutch,” Daily Journal, November 27, 2019.
Author, “Ethics at the California Coastal Commission,” Daily Journal, October 30, 2019.
Author, “Definitional theft as government policy? Not so fast,” Daily Journal, September 25, 2019.
Author, “Columns: Clarifying regulatory takings,” Daily Journal, August 27, 2019.
Author, "Columns: Ding Dong, the Witch Is Dead!" Daily Journal, June 24, 2019.
Author, "Columns: If You See a Fork in the Road, Take It," Daily Journal, May 29, 2019.
Author, “Missed Opportunity to Align State and Federal Takings Law,” Daily Journal, April 17, 2019.
Author “An Eighth Amendment takings case,” Daily Journal, February 22, 2019.
Co-author, “The Nasty, Brutish and Short Life of Agins v. City of Tiburon,” The Urban Lawyer, July 2018.
Author, “Ruminations on Takings Law in Honor of David Callies,” Brigham-Kanner Property Rights Conference Journal, August 2018.
“The Joy of Takings,” 53 Washington University Journal of Law & Policy 189, 2017.
Contributing occasional author, column on land use law for the Los Angeles Times, Aug. 1991-present.
Contributing author, monthly column: Takings and Land Use, for Los Angeles Daily Journal and San Francisco Daily Journal, Jan. 1991-present.
Contributing author, column on property law for the California Real Estate Journal, Jan. 1998-present.
Contributing author, column on property law for The Nation’s Building News (published by the National Association of Home Builders), December 1993-present.
Author, "Property, Democracy, and the Constitution," 5 Brigham-Kanner Property Rights Journal, 2016.
Author, “Strong and Informed Advocacy Can Shape The Law: A Personal Journey,” 4 The Brigham-Kanner Property Conference Journal 1, 2015.
Co-author, “Why Land Use Lawyers Care About the Law of Unmanned Systems,” Zoning and Planning Law Report, June 2014.
Author, “The Ripeness Game: Why Are We Still Forced To Play?” Touro Law Review (vol. 30, no. 2), May 2014.
"What Is Fairness, Anyway?" Planning, October 2006, p. 12.
Co-author, "Shell Game! You Can’t Get There From Here: Supreme Court Ripeness Jurisprudence in Takings Cases at Long Last Reached the Self-Parody Stage," 36 Urban Lawyer 671, 2004.
Co-author, "To Steal or Not to Steal? That is the Question," 55 Land Use Law & Zoning Digest 13, November 2003.
"What’s ‘Normal’ About Planning Delay?" in ABA Taking Sides on Taking Issues: Public and Private Perspectives, Chapter 11, (Roberts, ed.), 2002.
"The Shame of Planners," 54 Land Use Law & Zoning Digest, no. 6, p. 6, June 2002.
"Vindicating the Rights of Private Land Development in the Courts," 32 Urban Lawyer 941, 2000.
"Supreme Bait & Switch: The Ripeness Ruse in Regulatory Takings," 3 Wash. U.J.L. & Policy 99, 2000.
California
Missouri
University of Southern California, LL.M., Real Property, 1968
Yale University, Graduate Law School, 1968
Ford Fellow for work in Urban Law
University of Southern California, Graduate Law School, 1967
Title Insurance and Trust Company Fellow for work in Real Property Law
Washington University School of Law, J.D., 1967
Brandeis University, 1964
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