§ 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
Original Source: https://www.courtlistener.com/opinion/2274225/action-apartment-assn-v-santa-m... ↗

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“Government conduct that does not fall into a per se category may, [however,] constitute a ‘regulatory taking.’ Such regulations must be evaluated under the ad hoc analysis courts have . . . employed. . . . Two basic tests have been developed to assist courts in applying this essentially fact-based analysis. The first test focuses on the government’s purpose for enacting the regulation. . . . Under this formula, ‘a regulation of property “effects a taking if [it] does not substantially advance legitimate state interests.” ’ . . . The second test focuses on the impact of the regulation on the property owner. Under this test, a variety of factors may be relevant depending on the facts of the case at issue; there is no comprehensive list to be mechanically applied. . . . [H] • • • ffl] • • • The two general tests . . . are interrelated, and are sometimes combined into one 2-part test." (Cwynar, supra, 90 Cal.App.4th at pp. 652-659, citations omitted; accord, Kavanau, supra,

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