The Delta Levees - Why the Legal System Cannot Keep the California Delta Above Water


"The Delta Levees" explores recent California Supreme Court cases that indicate that public agency failure to ensure that construction and maintenance of the levees within the Sacramento - San Jouquin River Delta may constitute a "takings" under the California Constitution. This legal theory represents a significant departure from the long-standing tort immunity for publicly constructed flood control structures.

While these cases are specific to California, the California Constitution's Takings Clause is copied from the U.S. Constitution, so this developing legal theory is likely to have national application.

This article was the precursor to the article published in the Real Property, Probate and Trust Journal as "Delta Levees - Tort Immunity vs. Takings Liability."

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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