Real Estate/Development
Sep. 3, 2011
The perils of public improvement projects
What's the better standard for inverse condemnation actions - strict liability or the rule of reasonableness? By Bradley D. Pierce of the Pierce Law Firm
Property owners with physical damage claims against governmental agencies seek recovery in inverse condemnation and in tort. The inverse condemnation argument is based on the California Constitution, which provides liability when private property is "taken or damaged for public use." Plaintiffs argue, and in some cases correctly, that this provision mandates strict liability.
Most people and agencies agree that a private p...
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