RECENT CALIFORNIA DECISIONS

October 2006

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First District Court Holds that ‘Garden Variety’ Inadequate Maintenance Cannot Support a Claim for Inverse Condemnation against a Flood Control Agency
Tilton v. Reclamation District No. 800, ___Cal. App.4th___

Homeowners filed a lawsuit against Reclamation District No. 800, alleging that inadequate maintenance of a slipped levee posed a compensable danger to two residences built atop the levee. In Tilton v. Reclamation District No. 800, the First District Court of Appeal held that a simple claim of inadequate maintenance cannot support an action for inverse condemnation, and that the district was immune from tort claims because there was no mandatory duty to maintain the levees in a particular manner.