What is the limitation period for an inverse condemnation claim?

California, United States of America


The following excerpt is from Salatino v. Olivenhain Mun. Water Dist., D071256 (Cal. App. 2018):

Whether a three-year or five-year limitations period applies, an inverse condemnation claim begins to run when the governmental entity takes possession of the property. ( 338, subd. (j); see Otay Water Dist, supra, 1 Cal.App.4th at pp. 1048-1049.) "Where, however, there is no direct physical invasion of the landowner's property and the fact of taking is not immediately apparent, the limitations period is tolled until 'the damage is sufficiently appreciable to a reasonable [person] . . . .' " (Id. at p. 1049, citing Mehl v. People ex rel. Dept. Pub. Wks. (1975) 13 Cal.3d 710, 717.)

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