Patel v. Southern California Water Co.
97 Cal.App.4th 841, 98 Cal.App.4th 476, 119 Cal.Rptr.2d 119, 2002.CA.0003475, 2 Cal. Daily Op. Serv. 3312, 2002 Daily Journal D.A.R. 4141
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Publisher Description
The real question raised by this appeal is whether a public utility has the power of eminent domain to take private property for a purpose, say, simply making money, that is unrelated to the actual service the utility provides the public. The answer is, of course, no. Accordingly, we affirm a judgment based on the conclusion that when a water company allowed two cell phone companies to use a water-related easement for non-water related purposes, the only thing that was happening was simple trespass, not inverse condemnation.