What is Inverse Condemnation?
Inverse condemnation takes place when private property has been damaged or taken by the government for public purposes without formal eminent domain proceedings. The property owner initiates the inverse condemnation lawsuit to recover just compensation for the taking of the property. What Constitutes a Taking?
A taking occurs when the government denies all practical uses of part or all of a parcel of private real property. The government may deny all practical uses of private real property by: - Physically occupying or damaging part or all of the property
- Imposing regulatory restrictions on the uses of property that do not serve a legitimate purpose
- Imposing regulatory restrictions on the uses of property that serve a legitimate purpose but which are not narrowly tailored
- Imposing regulatory restrictions on the use of property that deprive the owner of all economic uses of the property
Can the Government Limit the Use of Property through Regulation?
Yes, the government has the right to limit the use of property through regulations as long as the regulations are for a public purpose. Zoning, planning, and land use regulations are legal and do not constitute a governmental taking unless the regulation deprives the landowner of all economic uses of the property. What Must Be Proved in an Inverse Condemnation Action?
To recover on the grounds of inverse condemnation, the plaintiff must prove that: - Plaintiff¿s property was taken or damaged
- Plaintiff has an interest in the taken or damaged property
- The government planned, approved, constructed, or substantially participated in a project or activity for public use
- The government¿s activity was a substantial cause of the taken or damaged property
Do I Need a Lawyer to Sue for Inverse Condemnation?
Inverse condemnation is a very complex area of law with the rules varying in each jurisdiction. An experienced real property lawyer can help you understand how the law affects your case. A real property lawyer can also file any necessary paperwork and represent you in court. |
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