Delta landowners win in court

A state appeals court has blocked the Department of Water Resources from accessing private lands in the Delta to conduct studies for Gov. Jerry Brown’s proposed twin tunnels.

Such access amounts to a “taking” under eminent domain law, the court found. That taking requires formal condemnation procedures which would offer certain protections for landowners.

“Because the right to exclude the government from obtaining and possessing an interest in private property is one of a property owner’s most cherished rights, a private property owner should not be required to lease portions of his land rent free to the government,” two of the three justices agreed.

Here’s the ruling. And here’s the story.

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  • Blog Author

    Alex Breitler

    A native of Benicia, he lives in Stockton with his wife, Ann, who forces him to go backpacking in the Sierra Nevada or Trinity Alps at every opportunity. He has been writing mostly about natural resources since 2003, first in Redding and now in ... Read Full
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