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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (115)

Full Text

474 chars
In Penna. Coal the court stated the general rule which continues to guide regulatory takings jurisprudence: “[W]hile property may be regulated to a certain extent, if regulation goes too far, it will be recognized as a taking. ... [A] strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change.” (Penna. Coal, supra, 260 U.S. at pp. 415-416 [43 S.Ct. at p. 160].)2