HomeMy WebLinkAboutMINUTES - 04051988 - 1.4 (2) V_
TO BOARD OF SUPERVISORS 1--040
FROM Phil Batchelor
.. JICI tra
County Administrator
DATE'. March 28, 1988 CostaCO m�t�,
SUBJECT; �' t`�
Legislation: Senate Bill 2149 (Beverly)
SPECIFIC REQUEST(S) OR RECOMMENDATION S) a BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of support for SB 2149 by Senator Beverly which
allows public agencies to request a reduction in the agency' s
liability in an inverse condemnation action where it can be shown
that the plaintiff engaged in any negligent conduct or
negligently failed to reduce the risk.
BACKGROUND-
Existing statutes do not authorize the reduction of the liability
of a public agency in an inverse condemnation action based on the
conduct of the plaintiff which may have contributed to those
damages. Senator Beverly has introduced SB 2149 which would
provide that in an inverse condemnation proceeding to recover for
physical damage to private real property the public• agency may
seek to show that the plaintiff engaged in active negligent
conduct or was aware of the risk and negligently failed to take
any action to reduce the risk.
The bill would also provide .that the amount recovered will not
exceed the proportionate share of the judgment which is
attributable. to the plaintiff ' s degree of fault.
The County' s Risk Manager strongly recommends that Ithe :Board
support SB 2149 since it will greatly reduce the County' s
exposure in inverse condemnation actions where the plaintiff has
acted. negligently and has thereby contributed to the damages.
CONTINUED ON ATTACHMENT.: YES SIGNATURE;
X RECOMMENDATION OF,COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
, X APPROVE OTHER .
SIGNATURE(S 1'
ACTION OF BOARD ON April 5. 1908 APPROVED AS RECOMMENDED )< OTHER
VOTE OF SUPERVISORS
HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT -�' AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; _ ABSTAIN., OF. SUPERVISORS ON APR
DATE
RQSHOWN.
CC: County Administrator ATTESTED APR 5 1988
Risk Manager _..--------__Risk
M nagCoueSe1 PHIL BATCHELOR, CLERK OF THE BOARD OF
CounSUPERVISORS AND COUNTY ADMINISTRATOR
Senator Robert, Beverly
Ralph Heim, Jackson/Barish .
BY ,DEPUTY
M382/7-83 -