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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“[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to *796leave his property economically idle,” a taking occurs. (Lucas v. South Carolina Coastal Council, supra, 505 U.S. at p. 1019 [112 S.Ct. at p. 2895], fn. omitted.) The same is true if a regulation deprives the owner of economic use to the extent that the owner is unfairly singled out to bear a burden that should be borne by the public as a whole. (Yee v. Escondido (1992) 503 U.S. 519, 522-523 [112 S.Ct. 1522, 1526, 118 L.Ed.2d 153.)1 A taking also occurs if a land-use regulation extinguishes a fundamental attribute of ownership. (Agins v. Tiburon (1980) 447 U.S. 255, 262 [100 S.Ct. 2138, 2142, 65 L.Ed.2d 106]; Kaiser Aetna v. United States, supra, 444 U.S. at pp. 179-180 [100 S.Ct. at pp. 393].)

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