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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)

Citation
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Parent Document
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Jurisdiction
California (state)
Effective Date
1978-10-06

Other Sections in This Document (69)

Full Text

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Tenants removed from property acquired for public use fall into several factually distinct categories. There are those whose tenancies *362 commenced before public agency acquisition of the property or the onset of negotiations for acquisition; there are those whose tenancies commenced after negotiations or acquisition and who had notice thereof; finally there are the postnegotiation or acquisition tenants who did not have notice thereof. The definition of "displaced persons" in section 7260 does not on its face distinguish among these categories. Interpreted literally and liberally and in isolation from the statute of which it is a part, its plain meaning would appear to embrace all such classes of tenants without discrimination as to when the tenancy commenced or, if postacquisition, whether or not the tenant had notice.