![]() The rent control ordinance does not authorize an unwanted physical occupation of petitioners' property and thus does not amount to a per se taking. The Superior Court dismissed lawsuits filed by petitioners and others challenging the ordinance, rejecting the argument that the ordinance effected a physical taking by depriving park owners of all use and occupancy of their property and granting to their tenants, and their tenants' successors, the right to physically permanently occupy and use the property. ![]() The state law does not limit the rent the park owner may charge, but Escondido has a rent control ordinance setting mobile home rents back to their 1986 levels and prohibiting rent increases without the city council's approval. The park owner may not require the removal of a mobile home when it is sold and may neither charge a transfer fee for the sale nor disapprove of a purchaser who is able to pay rent. Under the California Mobilehome Residency Law, the bases upon which a park owner may terminate a mobile home owner's tenancy are limited to, inter alia, nonpayment of rent and the park owner's desire to change the use of his land. When the homes are sold, the new owners generally continue to rent the pads. Petitioners, mobile home park owners in respondent Escondido, California, rent pads of land to mobile home owners. But where the government merely regulates the property's use, compensation is required only if considerations such as the regulation's purpose or the extent to which it deprives the owner of the property's economic use suggests that the regulation has unfairly singled out the property owner to bear a burden that should be borne by the public as a whole. The Fifth Amendment's Takings Clause generally requires just compensation where the government authorizes a physical occupation of property. Argued January 22, 1992-Decided April 1, 1992 CITY OF ESCONDIDO, CALIFORNIAĬERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT
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