Akins v. State of California

In Akins v. State of California (1998) 61 Cal.App.4th 1, a public agency intentionally diverted water and flooded private property not historically subject to flooding in order to protect other property from flooding. (Id. at p. 33.) Akins distinguished this situation from that in Belair v. Riverside County Flood Control Dist. (1988) and Bunch v. Coachella Valley Water Dist. (1997): "On the one hand is the type of situation [i.e., Belair, Bunch] where a public entity tries to protect private property owners from a risk created by nature and in doing so may alter the risks created by nature, but the public entity's efforts fail. On the other hand is a situation [i.e., Akins] where government appropriates private property in order to protect other property, creating a risk which would not otherwise exist. We see no unfairness in applying a reasonableness standard to the first situation but not to the second." (Akins, supra, at p. 33.)