PROPERTY RESERVE, INC. v. SUPERIOR COURT

Nos. C067758, C067765, C068469.

224 Cal.App.4th 828 (2014)

168 Cal. Rptr. 3d 869

PROPERTY RESERVE, INC., Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; DEPARTMENT OF WATER RESOURCES, Real Party in Interest. CAROLYN A. NICHOLS, as Trustee, etc., et al., Petitioners, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; DEPARTMENT OF WATER RESOURCES, Real Party in Interest. DEPARTMENT OF WATER RESOURCES CASES.

Court of Appeals of California, Third District.

March 13, 2014.


Attorney(s) appearing for the Case

Matteoni, O'Laughlin & Hechtman, Norman E. Matteoni , Gerry Houlihan ; Kirton & McConkie and Christopher S. Hill for Petitioner Property Reserve, Inc.

Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf, Thomas H. Keeling , Arnold J. Wolf ; Downey Brand, Scott D. McElhern ; Nomellini, Grilli & McDaniel, Dante J. Nomellini, Jr. ; Somach Simmons & Dunn and Daniel Kelly for Petitioners Carolyn A. Nichols et al.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Steven M. Gevercer , Assistant Attorney General, Alberto González , John M. Feser, Jr. , Michael P. Cayaban and James C. Phillips , Deputy Attorneys General, for Real Party in Interest.

Best Best & Krieger and Stefanie D. Hedlund for State Water Contractors as Amicus Curiae on behalf of Real Party in Interest.


OPINION

NICHOLSON, J.

This case tests the strength of the constitutional rights granted landowners against the state's authority to take private property. The State of California (the State) seeks to build a tunnel to transport water from the north to the south. Before condemning the land needed for the project, it desires to study the environmental and geological suitability of hundreds of properties on which the tunnel may be constructed...

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