Publications & Articles

The Government Is Always Right: The Supreme Court Tackles Takings

Related Attorneys: Basil “Bill” Shiber
Related Practices: Eminent Domain & Inverse Condemnation

California Real Property Journal - It is the 2004/2005 term, the United States Supreme Court heard and decided three takings cases, an unusual focus in the area in a single term. One of those cases, Kelo v. City of New London, is probably one of the most debated real property law decisions in the Court's modern history. Kelo arises in the "direct" condemnation context, while the other two cases, Lingle v. Chevron USA, Inc. and San Remo Hotel, L.P. v City and County of San Francisco, arise in the "inverse" condemnation context.

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