Before you get too excited about the California Supreme Court agreeing to consider an inverse condemnation case (the Court of Appeal's decision in Weiss v. People ex rel. Dep't of Transportation, No. G0552735 (Mar. 1, 2018)), remind yourself that it involves a procedural issue, and one that is very California-centric.
As our colleagues at the California Eminent Domain Report reported in "Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases," Weiss was about whether portions of the California Civil Code applicable to eminent domain actions, under which the parties can ask the court to resolve certain compensation issues pretrial, also applies to inverse condemnation actions.
Weiss disagreed with another Court of Appeal's decision, setting up review by the Supreme Court.
While that court will resolve the statutory question, we're hoping that in the process of doing so, it doesn't hose up inverse condemnation law. This is the California Supreme Court, after all. We'll watch, with fingers crossed.
Weiss v. People ex rel. Dep't of Transportation, No. G0552735 (Cal. App. Mar. 1, 2018)
