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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1805

Citation
§ 1805
Parent Document
Action Apartment Ass'n v. Santa Monica Rent Control Board, 114 Cal. Rptr. 2d 412 (2002)
Jurisdiction
California (state)
Effective Date
2002-01-03

Other Sections in This Document (232)

Full Text

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Nevertheless, “[a] per se rule can be applied to ‘two discrete categories of regulatory action’ which constitute takings as a matter of law. . . . First, government action that effectuates a permanent physical invasion of property, no matter how slight, constitutes a per se taking. . . . Second, regulatory action that deprives an owner of ‘all economically beneficial or productive use of land’ effects a taking as a matter of law.” (Cwynar v. City and County of San Francisco (2001) 90 Cal.App.4th 637, 652 [109 Cal.Rptr.2d 233] (Cwynar), citations omitted; accord, Kavanau, supra, 16 Cal.4th at pp. 773-774.)