This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Environmental & Energy

Feb. 9, 2024

Inverse condemnation action to proceed against utility

“In a bizarre reversal of the California Takings Clause’s command that ‘private property may be taken or damaged for a public use’ only when just compensation had been paid, here a public entity seeks compensation from a private defendant for damage to public property,” attorneys for the PacifiCorp utility argued.

An inverse condemnation action against PacifiCorp related to the 2020 Slater wildfire that burned nearly 160,000 acres and destroyed over 700 structures should proceed, a U.S. magistrate judge recommended.

Magistrate Judge Deborah Barnes in Sacramento found that the public utility functions enough like a government entity for inverse condemnation to apply, potentially impacting a number of similar claims related to California wildfires. Th...

To continue reading, please subscribe.

Already a subscriber?

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)