BRIAN SHENSON et al., v. COUNTY OF CONTRA COSTA

[Ian Wilson]

New case on property rights.

As a matter of law, a public entity must either own or exercise actual control over a waterway or drainage improvements to render them public works for which the public entity is responsible.

Shenson v. County of Contra Costa.pdf

[LS_8750]

Thank you for sharing Mr. Wilson.
This is a topic I follow and have been involved in several times.

Engineers design elaborate storm drain systems, developers construct them and dedicate them to the public, government agencies reject or accept the dedications but never maintain the systems and therefore avoid liability. This is nothing new in California. Not understanding how this case went so far.

It's when the agency gets into the storm drain system and actively does something to maintain and/or alter/improve the storm drain system that a takings claim may be triggered.

Here is an elaborate synopsis of the case: https://www.californiaeminentdomainrepo ... -liability

[Ian Wilson]

Thanks for the analysis, Clark! That one is in my in-box from Nossaman, but haven't yet read...until i read your copy.

The case piqued my interest because we are dealing with a situation with a DI and pipe that were required as conditions for a subdivision but the DI & pipe were rejected and never admitted into the County system.

From the analysis:

Requiring Construction of the Drainage System and an Offer of Dedication Did Not Convert Private Improvements into Public Works.

First, the court held that while the county imposed on the developer a condition requiring it to construct the drainage improvements, and required the developer to offer to dedicate easements for drainage purposes to the county, it was the subdivision developer that designed and built the improvements. Moreover, the county never accepted the offer of dedication, never maintained or repaired the drainage improvements, and therefore they did not constitute a public work. Approval of a subdivision map does not represent a sufficient level of government involvement to constitute a public use or improvement subjecting the public entity to inverse condemnation liability.

[LS_8750]

Yep.
The reindeer games they play.