What is the test for a property owner's right to sue for damages caused to the property?
California, United States of America
The following excerpt is from Customer Co. v. City of Sacramento, 10 Cal.4th 368, 41 Cal.Rptr.2d 658, 895 P.2d 900 (Cal. 1995):
6 "[T]he injury inflicted is without damage, and the damage without injury, curtly expressed in the maxim 'damnum absque injuria.' The right of the owner of the property, who has sustained such damage, must yield to the promotion and advancement of the public good." (Reardon v. San Francisco, supra, 66 Cal. at p. 504, 6 P. 317.)
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