BILL NUMBER: AB 994	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 27, 2009

   An act to amend Section 905.1 of the Government Code, relating to
government liability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 994, as introduced, Fong. Government tort claims: inverse
condemnation.
   Existing law bars a suit for money or damages against a public
entity on a cause of action for which a claim is required to be
presented, until a written claim therefor has been presented to the
public entity and acted upon by the Victim Compensation and
Government Claims Board, the governing body of a local public entity,
or the judicial council, as applicable, or has been deemed to have
been rejected, except as specified. No claim is required to be filed
to maintain an action against a public entity for the taking of, or
damage to, private property pursuant to eminent domain.
   This bill would make technical, nonsubstantive changes to the
latter provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 905.1 of the Government Code is amended to
read:
   905.1.  No claim is required to be filed to maintain an action
against a public entity for  the  taking of, or damage to,
private property pursuant to Section 19 of Article I of the
California Constitution.
   However, the board shall, in accordance with the provisions of
this part, process any claim  which   that 
is filed against a public entity for the taking of, or damage to,
private property pursuant to Section 19 of Article I of the
California Constitution.