Property Reserve, Inc., Petitioner v. the Superior Court of San Joaquin County, Respondent; Departme — Liu, J…

Summary

Justice Liu concurs in the result that the Department need not commence a classic condemnation proceeding before conducting the authorized environmental and geological testing. He rejects the majority's reasoning that the constitutional provision's second sentence encompasses a precondemnation testing petition, and instead concludes that the first-sentence requirement does not apply when the existence or extent of any taking or damage is genuinely uncertain.