Date
August 24, 2026
Added to tracker
August 26, 2026
Court or forum
Supreme Court of California
State
California
Presiding judge
Leondra Kruger
Amount / scale
$13.2M attorneys'-fee award below; case remanded before any final valuation
Parties
Plaintiff and Appellant: Town of Apple ValleyDefendant and Respondent: Apple Valley Ranchos Water

The California Supreme Court ruled unanimously on August 24, 2026 that a municipality's resolution of necessity does not conclusively establish the need to condemn a privately owned public utility already devoted to public use; under 1992 amendments to the Eminent Domain Law, the resolution is only a rebuttable presumption, and a trial court must independently weigh the evidence to decide whether the owner has disproved necessity. The Court reversed the Fourth District Court of Appeal, which had faulted the trial court for not deferring to the Town of Apple Valley's resolution, and remanded the decade-old case for further proceedings.

Why it matters

The ruling restores an independent, full-evidentiary-trial standard of review for eminent domain actions targeting utilities and other property already devoted to public use, rejecting the deferential gross-abuse-of-discretion review that typically shields ordinary condemnations from close scrutiny. Owners of privately held utility, infrastructure, and other public-use assets facing municipalization gain meaningful leverage in necessity disputes, while municipalities and redevelopment agencies pursuing such acquisitions should expect longer, costlier litigation and a heavier evidentiary burden to sustain their resolutions.

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