California Court of Appeal

In an action arising out of the State's attempt to conduct precondemnation activities to conduct testing on properties on which a tunnel to transport water from the north to the south of the State may be built, the trial court's order denying the State's petition to conduct geological activities but granting the State's petition to enter the affected properties to conduct environmental studies is affirmed in part as to the order denying entry to conduct the geological activities and reversed in part as to the order granting entry to conduct the environmental activities, where: 1) both the geological activities and the environmental activities as authorized will work a taking; and 2) the statutory precondemnation procedure cannot be used to accomplish these intentional takings.

Appellate Information

• Decided 03/13/2014
• Published 03/13/2014

Judges

• NICHOLSON

Court

• California Court of Appeal

Counsel