Eminent Domain Report

We've reported on a number of rent control regulatory takings claims making their way through the court system, most notably the Guggenheim v. City of Goleta case.  Apparently, some cities and counties are fed up with the onslaught of challenges to their rent control ordinances, and they're looking for a way to recoup the attorneys' fees they expend in preserving the ordinances. 

According to an article in the Santa Cruz Sentinel, "Monning researching bill to address rent control lawsuits," Assemblyman Bill Monning looks to address this concern by considering a bill that would "allow city and county governments, when successful in defending rent control ordinances, to charge the party who brought the challenge for the government's legal expenses."  While the bill is still in the research phase, all new bills must be proposed to the legislature by February 18.

While such a bill would likely be supported by any city or county with a rent control ordinance, property owners, property rights advocates, and mobile home park owners in particular would likely be vociferously opposed to any such bill and the chilling effect it would have on legal challenges to rent control ordinances.  If this type of bill is proposed to the California legislature, you can expect a major battle.  We'll follow this closely and keep you updated.