Tag Archives: Flooding

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

On August 15, 2019, the California Supreme Court issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247.  The Court held that to succeed on an inverse condemnation claim, a property owner must show more than just a causal link … Continue Reading

Lessons in Litigating Inverse Condemnation Claims

Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years.  Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers, public agencies, and property owners involved in such litigation.  A recent Court of Appeal decision provides some important lessons … Continue Reading

Supreme Court Holds Temporary Flooding Can Be A Taking

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role.  And today, the Court addressed the first of these three cases, holding that a temporary-flooding can result in a taking requiring just compensation under the … Continue Reading

Potential Future Takings Do Not Give Rise to Liability

A new Court of Federal Claims opinion was handed down this month coming right out of our own Southern California backyard.  The case, Stueve Bros. Farms, LLC v. the United States, deals with whether a "physical taking of title" has occurred when a government agency’s activities create a risk of flooding.  The answer, according to the Court, is no. Stueve … Continue Reading

A Government Agency’s Failure to Pay Does Not Give Rise to Inverse Condemnation

The California Court of Appeal recently issued an unpublished decision, Ridge Properties v. County of Riverside Flood Control and Water Conservation District, which addresses whether a government agency’s failure to pay an agreed amount of compensation gives rise to a claim for inverse condemnation.  The answer is "no." In Ridge Properties, a property owner planned to develop … Continue Reading
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