California Supreme Court limits the right to precondemantion access in that:
- any claims arising thereof require can trigger a jury for compensation determinations &
- that precondemnation access and inspection can, in and of itself, be a taking that is compendsable
To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.
Why do damages related to precondemantion access and inspection in California trigger a jury for compensation determinations? The California Constitution requires that compensation shall be “ascertained by a jury unless waived “
Property Reserve Inc. v. Superior Court
California Law Revisions Commission | Eminent Domain: Precondemnation Activities