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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There is yet another reason why a landlord’s claim for damages would be, at the very least, vitiated under a scheme of rent regulation. As I stated in my concurring opinion in 20th Century Ins. Co., supra, 8 Cal.4th at page 330, it is evidently the case that “ ‘[a] property owner must be legally compelled to engage in price-regulated activity for regulations to give rise to a taking. *792[Citations.] For example, public utilities generally are under a state statutory duty to serve the public, and must furnish “service on demand to all applicants” at government-determined rates. [Citations.] Because utilities generally are compelled to employ their property to provide services to the public, the Fifth Amendment requires regulators to provide utilities with reasonable compensation for their services. [Citations.] [*][] By contrast, where a service provider voluntarily participates in a price-regulated program or activity, there is no legal compulsion to provide service and thus there can be no taking.’ ” A “voluntary” participation in a price-regulated program is said to occur when an individual or company has the “ ‘right to withdraw’ therefrom.” (Id. at p. 331.)

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