California Supreme Court clarifies that to be liable in inverse condemnation, damage to private property must be substantially caused by inherent risks associated with the design, construction, or maintenance of a public improvement.
I. SUMMARY The California Supreme Court recently held1 that the City of Oroville (“City”) was not liable in inverse condemnation when untreated sewage backed up into a dental office because the property owner failed to demonstrate the resulting damage was substantially caused by inherent risks in the design, construction, or maintenance of the sewer system. […]