Property Reserve, Inc. v. Superior Court of San Joaquin County

In an effort to improve the reliability of the water supply system in California as well as to address environmental and ecological concerns, the Department of Water Resources (hereafter, the *166 Department) undertook to investigate the feasibility of constructing a new tunnel or canal in the Sacramento-San Joaquin Delta as a means of delivering fresh water from Northern California to Central and Southern California. As part of the preliminary steps in going forward with the project, the Department sought to conduct environmental and geological studies and testing on more than 150 privately owned parcels of land that the state, in the future, might seek to acquire for the project through negotiation or eminent domain.

In pursuing the proposed studies and testing, the Department proceeded through the specific statutory procedure established by the Eminent Domain Law (Code Civ. Proc., pt. 3, tit. 7, § 1230.010 et seq.) relating to precondem-nation entry and testing (Code Civ. Proc., §§ 1245.010-1245.060). 1 The Department filed petitions in superior court relating to the privately owned properties, seeking a court order granting the Department authority to enter the…

Concurring.—I agree with the results the court reaches today. But as to the holding that California Constitution, article I, section 19, subdivision (a) (hereafter article I, section 19(a)) does not require the Department of Water Resources (Department) to initiate a classic condemnation proceeding before conducting its proposed environmental and geological testing activities, I am not persuaded by the court’s reasoning and would reach this holding on different grounds.

In this case, the Department sought judicial authorization under the precon-demnation entry and testing statutes (Code Civ. Proc., §§ 1245.010-1245.060) to engage in certain environmental and geological testing activities as a preliminary step to possibly condemning property for use in new water conveyance facilities. The question is whether such activities and the statutory procedures that authorize them are consistent with article I, section 19(a), which states: “Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first *214 been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor…

Filed 7/21/

IN THE SUPREME COURT OF CALIFORNIA

PROPERTY RESERVE, INC., )

) Petitioner, ) ) S217738 v. ) ) Ct.App. 3 C067758 THE SUPERIOR COURT OF SAN JOAQUIN ) San Joaquin County Super. Ct. COUNTY, ) JCCP No. 4594 ) Respondent; ) )

DEPARTMENT OF WATER RESOURCES, )

) Real Party in Interest. ) ) ) CAROLYN A. NICHOLS, as Trustee, etc. et al., ) ) Petitioners, ) ) Ct.App.3 C067765 v. ) San Joaquin County Super Ct. ) JCCP No. 4594

THE SUPERIOR COURT OF SAN JOAQUIN )

COUNTY, )

) Respondent; ) )

DEPARTMENT OF WATER RESOURCES, )

) Real Party in Interest ) ) ) Ct.App.3 C068469 DEPARTMENT OF WATER RESOURCES CASES.) San Joaquin County Super. Ct. ) JCCP No. 4594 In an effort to improve the reliability…