California Court of Appeal
Pacific Shores v. Dept. of Fish and Wildlife, 070201
In an inverse condemnation action, in the unique situation where a state agency assumes control of a local flood control process, and it determines to provide less flood protection than historically provided by a local agency in order to protect environmental resources, the trial court’s judgment is: 1) affirmed as to finding the state agency liable in inverse condemnation for a physical taking of plaintiffs' properties, and not liable for a regulatory taking; and 2) reversed to the extent the court found another state permitting agency liable in inverse condemnation.
Appellate Information
- Published 2016/01/20
Judges
- NICHOLSON
Court
- California Court of Appeal