Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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In addition, the Supreme Court distinguished the circumstances in Yee from a case in which "the statute, on its face or as applied * * * compel[led] a landowner over objection to rent his property or to refrain in perpetuity from terminating a tenancy." Yee, 503 U.S. at 528, 112 S.Ct. at 1529, 118L.Ed.2d at 166 (citing Nollan v. California Coastal Commission, 483 U.S. 825, 831-32, 107 S.Ct. 3141, 3145-46, 97 L.Ed.2d 677, 686 (1987) (Coastal commission conditioning the grant of a building permit on the grant of a public easement); FCC v. Florida Power Corp., 480 U.S. 245, 251-52, n.6, 107 S.Ct. 1107, 1111-12, n. 6, 94 L.Ed.2d 282, 289-90, n. 6 (1987) (FCC order limiting rates which utility may charge cable television companies for use of utility poles), and Fresh Pond Shopping Center, Inc. v. Callahan, 464 U.S. 875, 877, 104 S.Ct. 218, 219, 78 L.Ed.2d 215, 216 (1983) (Rehnquist, J., dissenting) (requiring the purchaser of rent-controlled apartment housing to obtain permission from the rent control board to remove the property from the rental housing market). Although the Rhode Island mobile home act limits the circumstances under which a tenant can be evicted, a landowner cannot be compelled to use his land as a mobile home park, nor is he precluded from changing the use of his land, if appropriate steps are followed. See ante.

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