The Third District Court of Appeal rejected landowners' bid to revisit a ruling that the Department of Water Resources may access private property for geotechnical and environmental activities without first having an authorized and funded project in place.
The court on April 14 denied a rehearing petition filed by Coney Island Farms, Inc. and other landowners in the consolidated Department of Water Resources Cases, docket C103207M. The dispute arose from a series of petitions DWR filed seeking access to properties to investigate their suitability for a potential water conveyance project.
The landowners had argued that DWR must have "an authorized and funded project" before exercising eminent domain powers, pointing to Water Code sections 250 and 11580. In its March 26 opinion, the court rejected that position, holding that DWR "need not commence a classic condemnation action or comply with authorization and funding requirements before conducting precondemnation testing activities."
The court grounded its reasoning in 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.
Alongside the rehearing denial, the court made a minor modification to its March 26 opinion, clarifying language in footnote 4 concerning arguments about "per se physical takings" under Cedar Point Nursery v. Hassid.
The consolidated cases, designated coordinated case JCCP 4594, span multiple superior court case numbers across San Joaquin, Alameda, and Contra Costa counties.