Wildfire Inverse Condemnation Liability Limited by California Legislature
Wildfire Inverse Condemnation Liability Limited by California Legislature

We recently reported on the California Legislature’s passage of Senate Bill 1153, noting that the Bill was waiting for Governor Newsom’s approval.  That approval has now occurred, and the Bill is official. 

This is a huge legislative victory for water suppliers in California, as the Bill clarifies that public water systems have no duty to be designed, constructed, or maintained for wildfire defense or suppression—and that the inability to maintain water supply or pressure during a wildfire is not a substantial cause of wildfire damages. Together, these authorities provide an increasingly well-defined defense to wildfire-related inverse condemnation claims against water providers.

While water suppliers still face risks of inverse condemnation lawsuits related to their facilities to the extent private property damage is substantially caused by an inherent risk in a deliberately designed, constructed, or maintained public improvement, inverse liability related to wildfire suppression is arguably off the table.  We will see if there are legal challenges to this legislation, and whether this will help reduce insurance costs for water suppliers.  Stay tuned in this ever-evolving area.

  • Bradford B. Kuhn
    Partner

    Brad Kuhn is a California real estate lawyer whose practice focuses on complex real estate disputes, eminent domain, inverse condemnation, land use and major infrastructure and development projects. He represents public ...

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Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.

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