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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The Fifth Amendment takings clause, incorporated into and made applicable to the states by the Fourteenth Amendment (Chicago, Burlington &c. *794R’d v. Chicago (1897) 166 U.S. 226, 239 [17 S.Ct. 581, 585, 41 L.Ed. 979]), provides, inter alia, that “private property [shall not] be taken for public use without just compensation.” Article I, section 19 contains a similar command, providing inter alia, “Private property may be taken or damaged for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.” When the government fails to meet its constitutional obligation under these provisions, an action in inverse condemnation lies against the government to recover “just compensation.” (Customer Co. v. City of Sacramento (1995) 10 Cal.4th 368, 377, fn. 4 [41 Cal.Rptr.2d 658, 895 P.2d 900].) And, even though the confiscatory rent ceiling imposed on plaintiff has been judicially invalidated, compensation must be paid for the income he lost while the impermissible rent ceiling was in effect, a period during which there was a “temporary taking.” (First Lutheran Church v. Los Angeles County (1987) 482 U.S. 304, 321 [107 S.Ct. 2378, 2389, 96 L.Ed.2d 250].)

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