Inverse condemnation for flooding 487

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Gutierrez v County of San Bernardino 198 Cal.App.4th 831 (4/2) (2011) Inverse condemnation for flooding.  Storm water flowed across unimproved to paved road county roads, and escaped road’s recently installed flood-control K-rails.  Trial judgment for county, affirmed. [1] Unimproved roadway is raw land “not deliberately acted upon by the county” and thus not a public improvement, the sine qua non of inverse condemnation. San-Diego-Auto-Accident-lawyer County’s fee ownership is insufficient in the absence of a public improvement. [2] Paved road is a public improvement, but no showing plaintiffs’ damages wee any greater than had road not been built. [3] Rule of reasonableness Belair 47 Cal.3d 550 [happy to see my case cited] applies to installing K-rails as expedient matter.  No showing the flooding worse with K-rails than would have occurred without them.  Strict liability theories rejected.  San Diego personal injury attorney

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