LA Fires,
Constitutional Law
Feb. 25, 2026
Ongoing fire litigation highlights who pays when government fails
Malibu, hit hard by the Palisades Fire, is suing state and local agencies for property damage, citing public nuisance and inverse condemnation--a case that could clarify government liability and wildfire accountability in California.
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 his practice focuses on appeals with a particular interest in constitutional land use. He has argued four takings cases in the U.S. Supreme Court.
It is unsurprising that the City of Malibu, much of which was
devastated by the Palisades Fire, would seek to recover at least part of the costs.
The blaze destroyed private homes, businesses and municipal property. Adding to
the damage, the city lost taxes and emoluments flowing from those private
parcels.
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