Water Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation Liability

Breaking Energy published an article by Brad Kuhn titled, “Water Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation Liability”.

The article, which was originally published in California Water Views - 2024 Outlook, asks the question, “When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability?” It goes on to discuss, how “For quite some time, inverse condemnation liability appeared to be unavailable based on the theory that the customer ‘invited’ the water onto private property by voluntarily connecting to the public water system. However, a recent court of appeal decision, Shehyn v. Ventura County Pub. Works Agency (2025 Cal. App. LEXIS 94*), has opened the door to potential inverse claims, at least where a property owner receives a disproportionate amount of damage compared to other customers.”