Perspective
Sep. 20, 2012
Private utility, public doctrine
Last month, a state Court of Appeal found Southern California Edison, a private utility, liable for private property damage on an inverse condemnation theory. By Craig S. Simon and Mark S. Grotefeld
Last month, the 2nd District Court of Appeal handed down a new inverse condemnation decision, Pacific Bell Telephone Company v. Southern California Edison Co., 2012 DJDAR 12351 (Aug. 30, 2012). This new decision upholds and explains Barham v. Southern California Edison Co., 74 Cal. App. 4th 744 (1999), which concluded that a privately owned public utility could be liable for inverse condemnation.
The...
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