Governor violated both federal and state Constitutions
Last updated 7/30/2020 at 4:59pm
California’s governor suspended the rights of property owners to receive rents for the use of their property, a violation of the Fifth Amendment of the Constitution and a violation of the state of California Constitution – property rights.
This action took place in February. Many tenants discontinued paying their rent even if they could afford it given that it was announced by the governor that they didn’t have to pay.
The governor also took it upon himself to suspend unlawful detainers and foreclosures until 90 days after the lockdown was ended. This date was supposed to be July 29, 2020. It of course did not happen, and California is in lockdown again compounding the damage to the small property owner who worked and saved to provide for their families and for retirement.
For a property owner to have absolutely no use, benefit or control of their property in my mind constitutes an eminent domain action and is not tenable under the law.
Citing the Fifth Amendment, the owner’s entitlement to the value of the property is, accordingly, a property right protected by the Takings clause of the Constitution and perhaps also by the federal Takings clause of the Fifth Amendment.
Owners were not given fair notice nor was just compensation provided to the owners of the property that has essentially been taken by the state of California
It would appear that all owners that have been deprived of these rights have just cause to proceed against the governor and the state of California.
Much damage has been caused by this across the board mandate and much will never be recovered. There is rampant abuse by tenants, and there is no recourse under the state mandate.
This mandate has now been extended again, and now it appears that there is no way forward until next year. It creates a strong movement to sell any rental properties especially those owned by small landlords in California. Thus, there will be a dramatic decrease in rental properties available and an increase in rents for those units that do become available.