Real Estate & Property Law

Links From WMA Presentation - Regulatory Takings, Rent Control, And Guggenheim

By Robert Thomas (inversecondemnation.com)

Yesterday, I had the pleasure of speaking to members of the Western Manufactured Housing Communities Association about some of the legal issues facing their businesses, and property owners in general. Here are the links I mentioned:

• Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir. 2009) (en banc review ordered Mar. 12, 2010). This is the very important case regarding the city's mobile home rent control ordinance, which the Ninth Circuit panel concluded worked a facial taking of property under Penn Central. We have the briefs which have been filed for en banc review, and will be posting them in the upcoming days. Most definitely a case to watch.

• Professor Richard Epstein's short article about Guggenheim, Takings Law Made Hard. 

• RS Radford's rejoinder to Professor Epstein, Takings victories made harder.

• A recent opinion from the California Court of Appeal in another rent control regulatory takings case, MHC Financing Ltd. P'ship v. City of Santee, No. D053345 (Mar. 15, 2010). The case illustrates well the procedural hurdles the courts have erected when property owners bring regulatory takings claims.

• Another recent decision in the same vein, this time from the federal courts: Knutson v. City of Fargo, No. 08-1894 (Apr. 12, 2010).

Full post as published by inversecondemnation on May 07, 2010 (boomark / email).