Barthelemy v. Orange County Flood Control District

In Barthelemy v. Orange County Flood Control District (1998) 65 Cal.App.4th 558, dairy operators purchased replacement land and moved their dairy farms in response to a public bulletin from the Orange County Flood Control District that they might be affected by a dam project. The plaintiffs alleged the district's unreasonable delay in acquiring the property slated for the dam prevented them from selling their farms, caused them to incur the expense of operating two facilities at once, and diminished the value of their property. In rejecting the claim, the court noted "the District adopted the flood control plan, designated plaintiffs' property for future acquisition, and acquired adjacent properties." ( Id. at p. 571.) However, the court concluded the district's conduct did not directly affect the property or "interfere with plaintiffs' profitable use of the property." (Ibid.) Rather, the plaintiffs incurred losses from operating two dairy farms as a "direct result of their own conduct in purchasing the replacement property, not the conduct of the District directed toward acquisition of the original property." (Ibid.)