Suing for Water Damage: Can You File an Inverse Condemnation Claim in California?
Water damage can be catastrophic—but when that damage is caused by a city pipe burst, failed storm drain, or other public infrastructure, you may have the right to sue the government under California’s inverse condemnation laws. These claims allow property owners to recover compensation even when the government didn’t intentionally seize their land.
At Peterson Law Group PC, we represent clients across California in complex litigation involving property rights and government-caused damage. If your home, land, or business has been harmed by flooding, drainage failures, or utility issues, this guide will help you understand whether a California inverse condemnation water damage claim is the right legal path—and how to start building your case.
What Is Inverse Condemnation?
Inverse condemnation is a legal concept rooted in Article I, Section 19 of the California Constitution. It allows property owners to seek compensation when the government damages or interferes with private property for a public purpose—without formally using eminent domain.
You may be entitled to compensation if:
- The government’s action or public project caused the damage.
- The damage was foreseeable.
- Your property suffered a measurable loss in value, use, or condition.
This remedy is distinct from negligence claims and doesn’t require proving that a public entity was careless. Instead, the focus is on whether a public improvement caused the harm, regardless of fault.
Common Triggers for Water-Related Inverse Condemnation
Water damage claims involving government infrastructure can arise in several ways. The most common include:
Storm Drain Flooding
Old, undersized, or poorly maintained storm drain systems often fail during heavy rains, causing runoff to back up and overflow into residential neighborhoods. If your property was damaged due to a failure in the public stormwater system, you may have a viable claim.
Underground Pipe Burst
Sewer main breaks or aged water lines under public streets can rupture, flooding basements, damaging foundations, or creating sinkholes. If a city utility pipe fails and damages your property, this may give rise to an underground pipe burst lawsuit under inverse condemnation.
Inadequate Grading or Drainage Design
When roads, public works, or redevelopment projects change the natural flow of water and redirect it onto private land, the affected property owner can file a government-caused flooding claim.
Flooding From Nearby Construction
Public construction that alters storm flow or drainage—such as freeway expansions or bridge work—can inadvertently flood adjacent properties. If that flooding is foreseeable and tied to a government project, you may be entitled to damages.
How Is This Different From a Regular Insurance Claim?
While your homeowners’ insurance may cover some types of water damage, most standard policies exclude flood events or government-related causes. This is especially true when damage is tied to long-term seepage, infrastructure failure, or misdirected stormwater.
Inverse condemnation shifts the responsibility from your insurer to the public agency that designed, built, or failed to maintain the infrastructure in question. The advantage? Unlike standard tort claims, inverse condemnation claims don’t require you to prove negligence. You need to show:
- A public improvement (like a sewer, road, or pipe)
- Caused the damage to your private property
- In a foreseeable and measurable way
In these cases, the government is could be strictly liable to pay for the damage under California’s Constitution.
How to Build a Strong Claim
Document the Damage Immediately
- Take detailed photographs and videos of the water damage, including before-and-after shots if available.
- Note the time, date, and progression of the flooding or leak.
- Record weather conditions, rainfall levels, or any nearby public works at the time of the event.
File a Public Records Request
You have the right to request maintenance logs, inspection reports, and drainage plans from the city or public utility. These can reveal long-term infrastructure issues or budget cuts that contributed to the failure.
Contact a California Inverse Condemnation Attorney
Navigating these claims requires legal experience. At Peterson Law Group PC, we work with hydrology experts, engineers, and appraisers to:
- Reconstruct the cause of the damage
- Calculate repair costs and lost property value
- File the proper government claim forms on time
Strict Deadlines Apply
While inverse condemnation is a constitutional claim and not subject to the six-month administrative claim deadline under the Government Claims Act, many related claims (such as negligence or nuisance) are. To preserve all legal options, it’s critical to consult an attorney as soon as possible.
In addition, you have a three-year statute of limitations to file an inverse condemnation lawsuit in most cases—but waiting can make evidence harder to obtain and reduce your chances of success.
What Compensation Can You Recover?
Successful California flood damage claims may result in compensation for:
- The cost of repairing or rebuilding the structure
- Replacement of damaged personal property
- Soil stabilization or drainage correction
- Loss of use during repairs (temporary housing or business interruption)
- Diminished property value
In some cases, attorney’s fees and expert witness costs may also be recoverable.
Reasons to Choose Peterson Law Group PC
Call Peterson Law Group PC is one of California’s premier law firms focusing on landowner rights, real estate litigation, and inverse condemnation. We know how to hold cities, counties, and special districts accountable when their infrastructure harms private land.
John Peterson brings deep experience in complex infrastructure and flood-related cases—and he won’t back down from public agencies:
- Over 38 years of experience
- Member: The American Board of Trial Advocates
- Elected Member: American Board of Trial Advocates (ABOTA
- AV Rating from Martindale-Hubbell® AV
- Listed by Super Lawyers in Southern California
- Named “Lawyer of the Year” for Los Angeles by Best Lawyers for Eminent Domain and Condemnation Law
Speak With a Inverse Condemnation Lawyer in Los Angeles
If your home, business, or land has suffered damage due to public infrastructure failure, you may be entitled to compensation. These cases are complex, and deadlines matter.
Whether you’re considering an inverse condemnation water damage California claim, responding to storm drain flooding, or seeking justice for government-caused flooding, our team at Peterson Law Group PC is here to help.
We’ll evaluate your situation, explain your rights, and guide you step by step through your legal options.
Call (213) 236-9720 to schedule a consultation with a Los Angeles inverse condemnation lawyer today.
Call To Reach Us For A Prompt Response
Los Angeles Office: (213) 236-9720
Irvine Office: (949) 955-0127