From Sovereign Immunity to Strict Liability (Part 1)

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Urbanization in California is proceeding at a phenomenal rate and, as part of that process, absorbent soils are paved over and natural drainages are rerouted and blocked to allow development of land historically subject to flooding. As a result, public improvements increasingly contribute to the flooding of private lands. Inverse condemnation is a potent remedy for private parties whose property is damaged by the construction or operation of public improvements, and, in California, this type of water damage is the most common source of inverse condemnation actions.

This material is reproduced from the Real Property Law Reporter, by the Regents of the University of California.Reproduced with permission of Continuing Education of the Bar, California. (For information about CEB publications, telephone toll free 1-800-CEB-3444 or visit the CEB website.)

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