FRESNO (KMJ) – A plan by the state to build twin tunnels clears a hurdle with a ruling Thursday, by the California Supreme Court.
California Governor Jerry Brown’s plan is to build two giant water tunnels in the Sacramento-San Joaquin Delta.
The $15.7 billion dollar tunnels would divert fresh river water around the delta and ship it south for users in Central and Southern California.
The California Supreme Court ruled July 21st, that state officials do not have to pay landowners rent to access thousands of acres of private property to conduct preliminary environmental tests for the project.
This ruling reverses the 3rd District Court of Appeal opinion that entry is not allowed unless the state first condemns and takes the property as its own or by an agreement between the property owner and the State of California.
State officials had argued the tests would not significantly interfere with or damage the land, and the state should only be required to compensate landowners for any actual damage or interference.
Property owners said the tests the state planned to conduct on their lands were lengthy, invasive and required fair compensation.
