Delta Levees - Tort Immunity vs. Takings Liability
Santa Clara University
Real Property, Probate and Trust Law Journal, Vol. 42, No. 4, 2007
This Article examines the conflicting public policy arguments surrounding the vulnerable state of California's Delta levee system. While discussing the structural, financial, and political obstacles to rebuilding the Delta levee system, the Article focuses on the juxtaposition of the judicial evolution of liability under California's takings clause and the California Department of Water Resources proposals to increase state immunity as it relates to flood protection work. California's takings clause is modeled after the U.S. Constitution and its existing statutory tort immunity for failure of flood control projects is modeled after the Federal Flood Control Act of 1928. The argument presented in this Article may have persuasive force in other states that have similar legal foundations.
Number of Pages in PDF File: 30
Keywords: Law, Levees, Liability, Takings, California
JEL Classification: H23, H82, K11, K13, K32, K40, K41, K49
Date posted: October 3, 2007