Two articles in Nossaman’s California Water Views – 2026 Outlook highlight a shifting inverse condemnation liability landscape in California—one that carries important implications for eminent domain professionals, water suppliers, utilities, public agencies and infrastructure owners alike.
Recent case law suggests that inverse condemnation exposure for water suppliers may be expanding in meaningful ways. Courts are increasingly willing to entertain claims where property owners can show they were “singled out” or disproportionately impacted by public ...
When public agencies or utilities move forward with infrastructure projects, one of the most critical steps is determining exactly what property rights must be acquired. Too often, agencies focus solely on the permanent footprint of the project, only to discover late in the process that they lack authority for construction activities, staging areas or access. Early project planning on the front end helps avoid costly delays, litigation and redesign.
Existing Rights
The first analysis should always be – what rights are already in place? Many agencies or utilities hold ...
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