Last fall, we told you about a key rent control / takings decision, Guggenheim v. City of Goleta, in which the Ninth Circuit held that a rent control ordinance consituted a taking. In March, we reported that the Ninth Circuit had ordered an en banc hearing of the Guggenheim case.
Yesterday, the Court held the en banc hearing, and while it may be some time before the Court issues its opinion, the hearing itself may provide some good insights about what may happen (and what it may mean in the larger context of regulatory takings claims).
Very generally speaking, the Court was critical of both sides' positions, attacking the property owner's attorney with respect to how long the ordinances had been in place and whether his clients knew about them when they purchased the mobile home park, only to then attack the City's attorney about the magnitude of the transfer of value the ordinance effected.
Ultimately, based on what I understand to have been the tone of the arguments, the Court may avoid the merits and rule on a statute of limitations argument, but time will tell. In the meantime, eminent domain attorney Robert Thomas followed the arguments closely and wrote a comprehensive, three-part summary on his inverse condemnation blog. It makes for great reading:
- Guggenheim argument summary, part 1
- Guggenheim argument summary, part 2
- Guggenheim argument summary, part 3
Rick Rayl is an experienced litigator on a broad range of complex civil litigation issues. His practice is concentrated primarily on eminent domain, inverse condemnation, and other real-estate-valuation disputes. His public ...
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the Western United States.
Stay ConnectedRSS Feed
- CLIMATE CHANGE
- Court Decisions
- GOVERNMENT ADMINISTRATION
- Inverse Condemnation & Regulatory Takings
- New Legislation
- Public Agency Law
- Regulatory Reform and Proposed Rules
- Right to Take