Mehl v. People ex rel. Dept. Pub. Wks

In Mehl v. People ex rel. Dept. Pub. Wks. (1975) 13 Cal.3d 710, the state argued "the taking became appreciable when freeway drainage construction was completed in 1965, or at the latest when a frontage road providing renewed access to the Mehl property was opened in 1966. But the trial court found that the Mehls first became aware of the drainage system in 1969, and that prior to that time they had been unable to accurately determine the nature and extent of the taking." (Mehl, supra, 13 Cal.3d at p. 717.) The Supreme Court agreed, stating: "This finding was supported by evidence that in . . . February 1969 the county advised Mehl it intended to construct a drainage system across the property to handle the flow of water from the freeway culvert. Mehl then visited the property, inspected the state's culvert, and observed evidence of drainage flow onto his property during recent heavy rains. Under these circumstances, the trial court did not err in concluding that the claim and the cross-complaint had been timely filed." (Mehl, supra, 13 Cal.3d at p. 717.)