SECTIONS 865-867 - California Statutes

GOVERNMENT CODE

SECTION 865-867

865. The Legislature hereby finds and declares that:
(a) The gradual movement of land, such as in prehistoric slide
areas, or as a result of subsidence due to the depletion of
underground or subterranean supporting substances, such as minerals,
petroleum sources, water, and similar substances, can result in
danger to persons or property. Although the movement is gradual and
expressed in terms of numbers of inches, feet or meters per day, week
or year, at some point the forces that are exerted by the movement
will sever underground utilities, such as water, sewer, gas,
electricity or telephone services and can cause the destruction of
aboveground structures whose foundations become undermined or where
support is denied altogether. Unlike an earthquake or rapid rockslide
or landslide, these gradual earth movements permit possible
intervention to arrest the movement and avoid harm which is posed to
persons or property. If there is an adequate manifestation of the
problem before actual harm to persons or property, it is possible to
make some determinations as to a method of remedial action which can
abate the hazard. However, any undertaking to arrest the earth
movement may not be successful or may have within it the potential
for hastening the movement and the damages resulting from such
movement. Regardless of how slight that potential for aggravating the
damages, local public entities are unwilling to undertake action to
alleviate the hazard if such undertaking may invite potential
liability.
(b) It is the intent of the Legislature in enacting this chapter
to create an incentive for local public entities, upon learning of
the particular earth movement which will result in possible damage to
substantial areas of property and constitute a threat of injury to
persons, to undertake remedial action to abate the earth movement or
protect against the danger therefrom without fear of incurring
liability as a result of undertaking such action.

866. (a) Subject to the provisions of subdivisions (b) and (c), in
the event of public necessity and to avoid impending peril to persons
or property as a result of gradual earth movement, a local public
entity is not liable for damages for injury to persons or property
resulting from such impending peril or from any action taken to abate
such peril providing the legislative body of the local public entity
has, on the basis of expert opinion or other reasonable basis, done
all of the following:
(1) On the basis of adequate evidence such as expert opinion or
otherwise, found the existence of such impending peril.
(2) Determined appropriate remedial action to halt, stabilize, or
abate such impending peril.
(3) Undertaken to implement such remedial action.
As used in this chapter, "gradual earth movements" includes, but
is not limited to, perceptible changes in the earth either in a
subterranean area or at the surface, or both, which if not arrested
or contained will over a gradual period of time result in damage to
or destruction of underground or aboveground property or harm to
persons. However, "gradual earth movement" does not include movement
which is caused by activity undertaken by a local public entity for
purposes other than the abatement of peril caused by gradual earth
movement.
As used in this chapter, "local public entity" has the meaning set
forth in Section 900.4.
(b) If the local public entity is unable to complete the steps
described in paragraphs (1) to (3), inclusive, of subdivision (a)
because of the cessation of the hazard or because such actions cannot
be completed before the occurrence of the hazard sought to be
avoided, or because such legislative body of such entity shall
reasonably determine that such remedial action will not abate such
danger, the immunity provided herein shall nevertheless apply to such
actions by such local public entity.
(c) The immunity provided herein is in addition to any other
immunity of the local public entity provided by law or statute,
including this part, and any claim of liability based upon the
impending peril or any action of the local public entity is subject
to such immunities and any defenses that would be available to the
local public entity if it were a private person.

867. An employee of a local public entity is not liable for damages
for injury to persons or property resulting from an impending peril
or from any action taken to abate such peril pursuant to Section 866.