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 importance of the impact of governmental action on the profitability of property in the weighing process appears in Keystone Bituminous Coal Assn. v. DeBenedictis (1987) 480 U.S. 470 90 [107 S.Ct. 1232, 94 L.Ed.2d 472]. There a state law, which required that 50 percent of extractable coal be left in place under specified structures to protect them against subsidence, was applied to property owned by the petitioners. The high court rejected a facial challenge to the law and distinguished Penna. Coal, supra, 260 U.S. 393, on the ground that the petitioners had not shown that their mining operations were not profitable under the restrictions imposed by the law. “The two factors that the Court considered relevant, have become integral parts of our takings analysis. We have held that land use regulation can effect a taking if it ‘does not substantially advance legitimate states interest, ... or denies an owner economically viable use of his land.’ Agins v. Tiburon, 447 U.S. 255, 260 (1980) [100 S.Ct. 2138, 2141, 65 L.Ed.2d 106] (citations omitted); see also Penn Central Transportation Co. v. New York City, 438 U.S. 104, 124 (1978). . . . [T]he character of the governmental action involved here leans heavily against finding a taking; the Commonwealth of Pennsylvania has acted to arrest what it perceives to be a significant threat to the common welfare. Second, there is no record in this case to support a finding . . . that the Subsidence Act makes it impossible for petitioners to profitably engage in their business, or that there has been undue interference with their investment-backed expectations.” (Id. at p. 485 [107 S.Ct. at p. 1242].)

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