Court ruling could delay California water project
Legal Issues
A state appellate court has ruled that California water officials cannot go onto private property for soil testing and other studies related to construction of two massive tunnels that would siphon water from the Sacramento River.
Nancy Vogel of the state's Department of Water Resources said Friday that officials anticipated the ruling and work won't be delayed.
The decision handed down Thursday by the state's 3rd District Court of Appeal says an intrusion on private property without permission violates the California Constitution.
If built, the Bay Delta Conservation Plan — estimated to cost billions of dollars — would send fresh water around the Sacramento-San Joaquin Delta to Central and Southern California.
The ruling stems from a lawsuit filed against the state by more than 150 property owners in Sacramento, San Joaquin, Yolo, Solano and Contra Costa counties.
The three-judge panel ruled 2-1 in a 44-page decision with the majority opinion saying the state must adhere to eminent domain laws, which give property owners the right to a jury trial to determine a fair payment for taking away their land.
Acts such as testing soil, observing or trapping animals either by driving onto property, using boats or going on foot amount to "taking" and trigger the need for eminent domain proceedings, the majority opinion said.
Related listings
-
Appeals court upholds slugger Bonds' conviction
Legal Issues 09/18/2013A federal appeals court on Friday upheld former Giants slugger Barry Bonds' obstruction-of-justice conviction stemming from rambling testimony he gave during a 2003 appearance before a grand jury investigating elite athletes' use of performance-enhan...
-
Proof of a Negative Not Required for Summary Judgment
Legal Issues 02/28/2012The Indiana Court of Appeals has issued a decision that may have a large impact on summary judgment practice in Indiana. In Commr. of the Indiana Dept. of Ins. v. Black, ___ N.E.2d ___ (Ind. Ct. App. 2012), the Court essentially held that Indiana wil...
-
Spain clears way for super-judge's trial
Legal Issues 05/17/2010Spain's Supreme Court has removed the last potential obstacle to putting on trial the crusading judge who indicted Augusto Pinochet and Osama bin Laden.Judge Baltasar Garzon, who became world famous with cross-border justice cases, faces charges of k...
The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one
Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.
Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.