Manatt appellate senior counsel Michael Berger authored an article for Daily Journal about the 9th U.S. Circuit Court of Appeals’ Bridge Aina Le'a v. State of Hawaii Land Use Commission takings case, which is currently pending petition for certiorari in the U.S. Supreme Court. In the article, Berger provides background of this case as well as a brief history of the U.S. Supreme Court’s guidance on property takings cases, noting that “the Supreme Court has failed to provide much guidance to courts and litigants about how to determine whether government action has gone so far as to take property and thus requiring constitutional compensation” in the past.
Read the article here. (subscription required)