Los Angeles homeowners who purchased Marilyn Monroe’s former Brentwood home for $8 million now face financial ruin after the city declared their property a historic monument the day after issuing demolition permits, transforming private property into a public attraction without compensation.
City Reverses Demolition Approval Within 24 Hours
Brinah Milstein and Roy Bank bought the 2,300-square-foot Spanish bungalow in 2023 with plans to demolish the deteriorating structures and redevelop the site. Monroe owned the property for approximately six months before her death. The city issued demolition and grading permits on September 7, 2023. One day later, the Los Angeles City Council initiated proceedings to designate the property a historic-cultural monument after pressure from Monroe fans and historians. Councilmember Traci Park led the preservation effort, and the City Council voted in June 2024 to finalize the historic designation.
Marilyn Monroe's former home declared historic monument – but owners say it killed their $8M investment https://t.co/s2I86yzKkE pic.twitter.com/5Wv8s99fcV
— New York Post (@nypost) April 26, 2026
The homeowners now pay over $100,000 annually in property taxes, insurance, and utilities for a property they cannot use, demolish, repair, or sell. They have spent approximately $30,000 on permits, hundreds of thousands on security, and millions in legal fees. The designation created what the owners describe as a tourist trap and security risk, with multiple break-ins occurring at the walled-off property that remains invisible from the street.
Constitutional Taking Claim Moves Forward
The federal lawsuit argues the city’s preservation decision violates the Fifth Amendment by forcing private citizens to fund a public monument. Pacific Legal Foundation joined the legal fight, with attorney J. David Breemer stating the Constitution requires compensation when government converts private property to public use. The complaint notes the property has been heavily altered by 14 previous owners over decades and lacks public visibility due to its walled perimeter. The owners offered to pay for relocating the home to create a public museum, but the city refused.
What This Means
Los Angeles filed a motion to dismiss, arguing the owners knew about Monroe’s connection to the property before purchasing and have not exhausted city processes for property alterations. The owners previously lost a state court challenge to the designation before filing the federal takings case. Mayor Karen Bass and the Los Angeles City Attorney’s Office did not respond to requests for comment. The case tests whether municipalities can retroactively impose historic preservation requirements on private property immediately after issuing demolition permits without providing compensation to owners who face financial losses and ongoing security liabilities.