Kenneth Mebane Ranches v. Superior Court

In this case we consider whether real party in interest, the Fresno Metropolitan Flood Control District (the District), has statutory authority to take property outside its territorial boundaries by eminent domain to mitigate the environmental effects of a project constructed within its boundaries. We conclude, on the facts alleged, it does not and grant the petition for writ of prohibition.

Statement of the Case

The District filed an action under the California Eminent Domain Law to acquire a 40-acre parcel located in Kern County, in the middle of the 18,000-acre cattle ranch owned by petitioner Kenneth Mebane Ranches (Mebane).

According to the allegations of the first amended complaint: the District is empowered by the Fresno Metropolitan Rood Control Act, Statutes 1955, chapter 503, sections 1-30, pages 971-984, Deering’s Water—Uncodified Acts (1970 ed.) Act 2791, page 321 (Act 2791 or the Act), to protect lands within its jurisdiction from flooding and to conserve flood waters; the District is tiie local sponsor of the Redbank-Fancher Creeks Rood Control Project (the project) located within the District’s jurisdiction in Fresno County; environmental assessment of…