Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)

Citation: Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)
Parent Document: Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)
Jurisdiction: California (state)
Effective Date: 1997-08-26
Original Source: https://www.courtlistener.com/opinion/5607899/kavanau-v-santa-monica-rent-con... ↗

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This list is not a comprehensive enumeration of all the factors that might be relevant to a takings claim, and we do not propose a single analytical method for these claims. Rather, we simply note factors the high court has found relevant in particular cases. Thus, instead of applying these factors mechanically, checking them off as it proceeds, a court should apply them as appropriate to the facts of the case it is considering. Recent Supreme Court decisions suggest a two-part analysis that considers the economic effects of the regulation and the government’s purpose. (Yee v. Escondido (1992) 503 U.S. 519, 523 [112 S.Ct. 1522, 1526, 118 L.Ed.2d 153]; Keystone, supra, 480 U.S. at pp. 484-485 [107 S.Ct. at p. 1241].) With respect to the latter consideration, the high court has declared that a regulation of property “effects a taking if [it] does not substantially advance legitimate state interests.” (Agins v. Tiburon, supra, 447 U.S. at p. 260 [100 S.Ct. at p. 2141]; see also Dolan, supra, 512 U.S. at p. 385 [114 S.Ct. at p. 2316]; Lucas, supra, 505 U.S. at p. 1016 [112 S.Ct. at p. 2894]; Nollan, supra, 483 U.S. at p. 834 [107 S.Ct. at p. 3147]; Keystone, supra, 480 U.S. at p. 485 [107 S.Ct. at pp. 1241-1242]; United States v. Riverside Bayview Homes, Inc. (1985) 474 U.S. 121, 126 [106 S.Ct. 455, 458-459, 88 L.Ed.2d 419].) But, outside the context of permit condition cases such as Nollan and Dolan, the court has not clarified how it would apply this standard, and, in particular, the extent to which it would apply the standard in the same way as the similarly worded due process standard. (Cf. Nollan, supra, 483 U.S. at p. 834, fn. 3 [107 S.Ct. at p. 3147] [stating that the standards are “quite different”]; Dolan, supra, 512 U.S. at p. 391 [114 S.Ct. at p. 2319] [articulating a “ ‘rough proportionality’ ” standard for permit condition cases].)

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