ARTICLE · 12 NOVEMBER 2026
When Is The Government Responsible For Damaging My Property?
When a city's public works project causes flooding or other damage to nearby property, California law often requires compensation—even without proof of negligence. However, several important exceptions can shield government entities from liability, including special rules for flood control projects, emergency actions, design immunity, and distinctions between constitutional takings and routine operational failures.
United StatesLitigation, Mediation & Arbitration
Suppose a city repaves a street, puts in new storm drains or builds a flood channel nearby. Soon after, a nearby building floods for the first time. Is the government responsible? In California, the answer is often yes, even if no one at City Hall was careless. But there are important exceptions, and they can determine whether a property owner is entitled to compensation.
The Basic Rule: The Government Pays for Damage Its Public Projects Cause
California's Constitution says the government must pay "just compensation" when it takes or damages private property for public use. When the government damages property without first going through formal condemnation, the owner can bring a claim called "inverse condemnation" to seek compensation.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
View source
