Inverse Condemnation

Representative Cases

 

• Water leaks from the homeowner’s side of a City water meter. The meter is resting flat, but behind a curb, on a slope of undeveloped land contiguous with the homeowner’s house. The leak results in tens of thousands of gallons of water going downhill and ultimately causing a landslide. The downhill property owner sues the uphill property owner for the leak from their private water lines and the City on a theory of inverse condemnation. The uphill property owner also sues for inverse condemnation. The inverse theories include that the street is unstable and that caused a lateral shift to the slope behind the curb breaking the water line, and that because the water meter was never maintained it shifted over time on the slope causing the water line to rupture.

• A City’s sewer line backed up causing raw sewage to pour out of several toilets and faucets causing damages to a luxury home in the hills.

• Due to a recently published Second District opinion, several cases were filed against a City based on claims of inverse condemnation following high winds causing extensive property damages to homes from fallen trees. The appellate decision allows for such actions if it can be proven that the fallen tree was (1) owned by the City/public entity and (2) planted as part of a specific plan or deliberate design for the public benefit.

• Portions of a backyard overlooking the Pacific Ocean slid down a very steep slope just beyond the backyard. Many years previously, the public entity had cut a fire/access road at the bottom of this hill.

• Two adjoining single-family dwellings, both large and expensive properties in a gated community in a Canyon area, were separated by a fence, under which ran a City storm drain. Both homes suffered extensive property damages when the slope behind both properties gave way taking much of the backyards. In addition to claims of inverse condemnation against the City, the Complaints and Cross-Complaints included allegations of construction defects, dangerous conditions of public property, and breach of contract/insurance bad faith.