Property Reserve case — Precondemnation Activities

On Wednesday the California Supreme Court agreed to hear an interesting case addressing the types of surveys and investigations of private property the government can undertake without triggering takings liability before deciding whether the property is suitable for a planned public infrastructure project and should be taken by eminent domain for that purpose.

The case arises from California’s proposal to construct a tunnel or canal to divert fresh water from northern California around the Sacramento–San Joaquin River Delta to central and southern California.  The project has enormous significance for meeting the water supply needs of many millions of Californians, and also raises a host of environmental concerns.  The tunnel or canal would cross tens of thousands of acres of land held by several hundred different owners.  To determine whether the project can be built as planned, the State proposes to do a series of geological explorations and environmental surveys of the proposed right on way.  The question is whether these precondemnation activities themselves amount to takings. Read on …