Guggenheim v. City of Goleta

Opinion by Judge KLEINFELD; Dissent by Judge BEA.

OPINION

KLEINFELD, Circuit Judge:

We address the viability of a takings claim arising out of a rent control ordinance affecting mobile home parks.

I. Facts

In 1979, Santa Barbara County, California adopted a rent control ordinance for mobile homes. 1 Mobile homes have the peculiar characteristic of separating ownership of homes that are, as a practical matter, affixed to the land, from the land itself. 2 Because the owner of the mobile home cannot readily move it to get a lower rent, the owner of the land has the owner of the mobile home over a…