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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

§ 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

801 chars
Those factors include (1) whether the regulation affects the existing or traditional use of the property and thereby interferes with the property owner’s primary expectation; (2) the nature of the state interest in the regulation and, particularly, whether the regulation is reasonably necessary to accomplish a substantial public purpose; (3) whether the government is acquiring resources to permit or facilitate uniquely public functions, such as the government’s entrepreneurial operations; (4) whether the regulation permits the property owner to profit and to obtain a reasonable return on investment; and (5) whether the regulation provides the property owner with benefits or rights that mitigAe whatever financial burdens the law has imposed. (See Kavanau, supra, 16 Cal.4th at pp. 775-776.) 5