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As noted above, the initial four codes were not fully comprehensive. As a result, California statutory law became disorganized as uncodified statutes continued to pile up in the California Statutes. After many years of on-and-off Code Commissions, the California Code Commission was finally established as a permanent government agency in 1929.
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
After landowners had acquired 5 acres (20,000 m 2) of unimproved land in a city for residential development, the city was required by California law to prepare a general plan governing land use and the development of open-space land. In response, the city adopted zoning ordinances that placed the owners' property in a zone in which property may ...
When private property is destroyed, condemned, or disposed of, the owner may receive a payment in property or money in the form of insurance or a condemnation award. [22] If property is compulsorily or involuntarily converted into money (as in eminent domain) the proceeds can be reinvested without payment of capital gains tax provided it is ...
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
In the 1997 Kavanau case, [76] a rental property owner challenged the City of Santa Monica's rent control law as a form of "taking" or inverse condemnation prohibited by the federal Constitution. The California Supreme Court affirmed the rulings by lower state courts in favor of the city.
Under California Penal Code 396, landlords cannot increase asking rents by more than 10% for existing units that were already on the market before the declaration of emergency went into effect.
A very significant change to the Civil Code occurred in June 1992 when nearly all of the Civil Code's provisions relating to marriage, community property, and other family law matters were removed from the Civil Code (at the suggestion of the California Law Revision Commission) and re-enacted in the form of a new Family Code. The California ...