ELR Citation: ELR 20179
No(s). A112185 (Cal. App. 1st Dist. Sep 1, 2006)

A California appellate court upholds the dismissal of property owners' claims against a reclamation district for property damage caused by breached levees. The owners' takings claims fail because under California law, the defective maintenance of flood control or water retention systems does not provide a valid legal basis for an action for inverse condemnation. Although there may be liability in inverse condemnation where levee failures are integrally connected with a flawed plan for the design, construction, and maintenance of that levee, there is no such liability where similar failures are the result of negligent or inadequate operation and maintenance. In addition, the property owners' negligence, nuisance, trespass, and "failure to provide lateral and subjacent support" claims are properly dismissed because the district is not under a "mandatory duty" to prevent leakage of its levees.