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Perspective

Oct. 16, 2009

A New Take on Rent Control Ordinances

Robert Coldren and Mark Alpert of Hart, King & Coldren consider the impact of Guggenheim v. City of Goleta on Penn Central takings claims.

PROPERTY

By Robert Coldren and Mark Alpert

In a split panel decision in Guggenheim v. City of Goleta, the 9th Circuit concluded that the city of Goleta's adoption of a mobilehome rent control ordinance resulted in a facial regulatory taking under Penn Central Transp. Co v. New York City 438 U.S.104 (1978). The decision breaks new ground, both in reaching the conclusion that there is a facial Penn Central taking and in concluding th...

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