Property Reserve, Inc. v. Superior Court

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The California Department of Water Resources (Department) sought to conduct environmental and geological studies and testing on over 150 privately-owned parcels of property that the state, in the future, might seek to acquire. Proceeding through the procedure established by the California Eminent Domain Law relating to precondemnation entry and testing, the Department sought a court order granting it authority to enter the properties to undertake environmental and geological testing activities. The trial court authorized the Department to enter the private properties and conduct environmental activities but denied the Department’s request to conduct geological testing. The Court of Appeal affirmed the trial court’s denial of the Department’s proposed geological testing and reversed the trial court’s authorization of environmental testing, concluding that the procedure established by the precondemnation entry and testing statutes did not satisfy the demands of the California Constitution’s takings clause with regard to both the geological and environmental testing sought by the Department. The Supreme Court reversed, holding that, assuming, without deciding, that the environmental and geological activities amount to a taking or damaging of property, the procedure established by the precondemnation entry and testing statutes satisfies the requirements of the California takings clause when the procedure is reformed to comply with the jury trial requirement of that clause. View "Property Reserve, Inc. v. Superior Court" on Justia Law