What is the test for determining the amount of damage caused to a property by an increase in the flow of a river?

California, United States of America


The following excerpt is from Olson v. County of Shasta, 5 Cal.App.3d 336, 85 Cal.Rptr. 77 (Cal. App. 1970):

Plaintiffs rely on two cases, the first being Butte County v. Boydston (1883) 64 Cal. 110, 29 P. 511. In this case the county intended to condemn a strip of property through defendant's farm for a road in such a way as to make it necessary for him to fence his remaining land. The court held that the cost of fencing the remainder of defendant's property after a partial taking by plaintiff was a proper element in determining the total amount of damage.

The second case, Dunbar v. Humboldt Bay Mun. Wat. Dist. (1967) 254 Cal.App.2d 480, 62 Cal.Rptr. 358 (a decision of this court), involved the increase in the flow of a river which impeded plaintiff's access to his summer home. Plaintiff testified that he was compelled to expend several thousand dollars to buy and to adapt and

Page 81

When these cases are subjected to scrutiny, it will be seen that they do not further plaintiffs' cause but are merely facets of the general rule in assessing damages in eminent domain and inverse condemnation cases. (See Breidert v. Southern Pac. Co. (1964) 61 Cal.2d 659, 663, fn. 1, 39 Cal.Rptr. 903, 394 P.2d 719.)

Other Questions


What is the test for determining the appropriate measure of damages for damage caused to a property by a motor vehicle accident? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
What is the legal test for damages awarded by a court to a property owner whose property was damaged in a motor vehicle accident? (California, United States of America)
In what circumstances have courts found no good cause for delay in determining whether there was good cause to delay in making a claim for damages? (California, United States of America)
What is the test for a property owner's right to sue for damages caused to the property? (California, United States of America)
What is the test for determining whether a public entity was responsible for the damage caused by the flooding of the Amador River? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What is the test for determining whether a homeowner is liable for damages caused by the construction of a flood control project? (California, United States of America)
What rights does a defendant have to contest the determination of the amount of damages awarded to the victim? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.