RECENT CALIFORNIA DECISIONS

June 2004

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Property Owner Cannot Seek the Value of Improvements in Inverse Condemnation Proceeding  Where it Failed to Seek Court Approval in Preceding Eminent Domain Action
San Jacinto Community College District v. Superior Court of the County of Riverside

In a case involving a private university that made improvements after being served with a summons in an eminent domain action but did not seek advance court approval pursuant to Code of Civil Procedure § 1263.240, subdivision (c), the Court of Appeal for the Fourth District held, on March 26, 2004, that the university could not sue the condemning public agency in inverse condemnation for the value of the improvements. According to the court, inverse condemnation cannot be used to circumvent the statutory rule against compensation for post-summons improvements.