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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... ↗

Other Sections in This Document (115)

Full Text

502 chars 
While the determination of whether a taking has occurred often does require weighing of private and public interests (Agins v. Tiburon, supra, 447 U.S. at p. 261 [100 S.Ct. at pp. 2141-2142]), outside the realm of measures *800necessary to protect life and property (see, e.g., Miller v. Schoene (1928) 276 U.S. 272 [48 S.Ct. 246, 72 L.Ed. 568]), the balance has never been struck in favor of public interest when governmental action has denied an owner economically viable use of the owner’s property.