The court's April 14 order denied the petition filed by Coney Island Farms, Inc. and other appellants in the Department of Water Resources Cases. The case involves a series of petitions DWR filed seeking access to properties to investigate their suitability for a potential water conveyance project.
The underlying dispute centers on DWR's use of precondemnation entry statutes to conduct geotechnical and environmental activities on private property. The landowners had argued that DWR must have an "authorized and funded project" in place before exercising eminent domain powers, citing Water Code sections 250 and 11580.
In its March 26 opinion, the court rejected this argument, holding that DWR need not commence a classic condemnation action or comply with authorization and funding requirements before conducting precondemnation testing activities. The court relied on the California Supreme Court's decision in Property Reserve I, which established that precondemnation entry statutes provide a constitutionally adequate procedure for public entities to determine whether property is suitable for acquisition.
The court also made a minor modification to its March 26 opinion, clarifying language in footnote 4 regarding arguments about "per se physical takings" under Cedar Point Nursery v. Hassid.
The consolidated cases span multiple superior court case numbers across San Joaquin, Alameda, and Contra Costa counties. The appeal was designated as coordinated case JCCP 4594.