What’s the brouhaha? California Appellate Courts have split on how much pre condemnation access to property is permitted.
What’s the case awaiting oral argument in California? Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738 Its about whether a water commission could enter lands for soil testing to further a water line.
Which way did the appellate court rule? The Court of Appeals sided with land owners that the pre-condemnation access was so extensive so as to trigger an unconstitutional taking of property
Why does this matter in Texas? Because issues related to pre-condemnation access have been raised by ranchers in the Pecos Pipeline which will traverse Texas to bring product to Mexico in support of Mexico’s newly deregulated market.
CalBar Journal Real property Law Section November 2015 Bulletin