Cecily Barclay

In Town of Apple Valley v. Apple Valley Ranchos Water, __ Cal. 5th __, 2026 WL 2470168 (Aug. 24, 2026), the California Supreme Court held that when a public entity seeks to condemn a privately owned electric, gas, or water utility, the court must independently determine whether the private utility owner has rebutted the statutory presumptions supporting the taking, rather than reviewing the agency’s determination under the deferential gross-abuse-of-discretion standard.

In Town of Apple Valley v. Apple Valley Ranchos Water, __ Cal. 5th __, 2026 WL 2470168 (Aug. 24, 2026), the California Supreme Courtheld that when a public entity seeks to condemn a privately owned electric, gas, or water utility, the court must independently determine whether the private utility owner has rebutted the statutory presumptions supporting the taking, rather than reviewing the agency’s determination under the deferential gross-abuse-of-discretion standard.

The California Coastal Commission had authority under Public Resources Code section 30810 (a)(2) to issue a cease and desist order against a pipeline operator conducting repair work in the coastal zone because the local agency “declined to act” within the meaning of the statute when it returned the operator’s permit applications without taking action and determined no new permits were required.