California Supreme Court to Decide if Government Testing of Property to be Acquired in Eminent Domain is Itself a Compensable Taking.

In June of 2014, the California Supreme Court accepted review of the lower appellate court decision in Property Reserve, Inc. v. Superior Court (2014) (previously published at 224 Cal.App.4th 828, where the lower court held testing that the government wished to conduct on property as a prelude to possible eminent domain was itself a compensable taking requiring payment of compensation before the testing could proceed. The decision by the Supreme Court in this important case will be discussed in future blog entries once it is issued.

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