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U.S. Supreme Court,
International Law

Jun. 24, 2026

The strange afterlife of Cuban property seizures

The Supreme Court's rulings in major Cuban confiscation and trafficking cases clarify the scope of the Libertad Act and modern takings doctrine, reinforcing liability for use of expropriated property while underscoring the procedural and remedial complexities of pursuing long-delayed compensation claims.

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.

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The strange afterlife of Cuban property seizures
Shutterstock

Sixty-odd years ago, Fidel Castro toppled the existing Cuban government. As part of the process, he confiscated large amounts of property owned by American citizens and companies. In his own words, Castro declared that his new communist government would seize all the "Yankee property" in Cuba "down to the nails in their shoes."