Torts/Personal Injury
Mar. 19, 2025
Where water meets liability
The Shehyn v. Ventura County Pub. Works Agency allows property owners to pursue inverse condemnation claims against water agencies if they suffer disproportionate damage from water system risks, challenging the prior "invited water" defense.
When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability? For quite some time, inverse condemnation liability appeared to be unavailable based on the theory that the customer "invited" the water onto private property by voluntarily connecting to the public water system. However, a recent court of appeal decision, Shehyn v. Ventura County Pub. Works Agency (20...
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