Appellate Practice,
California Supreme Court,
Constitutional Law
Jun. 28, 2017
Nice guys (get to keep their property after all)
A recent Supreme Court opinion cabins an older decision that has been derided as both bad law and bad policy.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
TAKINGS TALK
Nearly half-a-century ago, the California Supreme Court decided Gion v. City of Santa Cruz, 2 Cal. 3d. 29 (1970). In that case, the court expanded the concept of “implied dedication” beyond the bounds that had previously contained it. After Gion, evidence that, for a period of five years, miscellaneous members of the public had used private property in some way (e.g., for rec...
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