Opinion
No. S217738.
2014-06-25
PROPERTY RESERVE v. S.C. (Department of Water Resources).
Prior report: Cal.App., 168 Cal.Rptr.3d 869
The petition for review is granted. The issues to be briefed and argued are limited to the following: (1) Do the geological testing activities proposed by the Department of Water Resources constitute a taking? (2) Do the environmental testing activities set forth in the February 22, 2011 entry order constitute a taking? (3) If so, do the precondemnation entry statutes (Code Civ. Proc., §§ 1245.010–1245.060) provide a constitutionally valid eminent domain proceeding for the taking? CANTIL–SAKAUYE, C.J., BAXTER, WERDEGAR, CHIN, CORRIGAN and LIU, JJ., concur.