The California Supreme Court heard the oral arguments on the California Right of Entry statute. At present, the statute provides for immediate entry in order to survey and test properties.
A very difficult balancing test exists. On the one hand, individual protection and rights to property, contemplating compensation immediately upon entry is not a part of the statute. Yet, for the most part, the right of entries prior to the condemnation are needed in order to delineate the property and arrive at some concept of the cost of acquisition.
No one wants their property to be touched at any time. Yet, the balancing act of constitutionality probably favors the acquiring agencies unless damage is certain. When damage is certain, the result will likely be that the property entry must be made only after a deposit of funds and assurance of just compensation is provided. In the case in which property reserved is involved, one does not see the overwhelming private interest being harmed.