New ABA Article: Michael Berger, “Whither Regulatory Takings”

OCA Honorary Member Michael Berger has authored a new article entitled, “Whither Regulatory Takings.” In it he compares the law that looks to the Fifth Amendment as the guardian against overly stringent government regulation to the everyday legal outcome of most property owners making a regulatory taking claim: recovery denied. As Mr. Berger writes, “For the uninitiated it has become very difficult for a property owner to prevail in a regulatory taking case. Indeed, two commentators likened such litigation to a “high-stakes game of craps.” This statement explains Justice Thomas’s comment that if the Court really does not believe in regulatory takings, it “should say so.” To read Mr. Berger’s outstanding article in its entirety click here. 

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