Inverse condemnation occurs when the government has damaged or seized private property for public purposes without formal eminent domain proceedings. In this situation, the property owner can initiate the inverse condemnation lawsuit to recover just compensation for the taking of the property.
A taking of a piece of real property 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:
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, such as enacting regulations that prevent the landowner from constructing or maintaining any structures on the property.
To recover on the grounds of inverse condemnation, the plaintiff must prove that:
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.
Last Modified: 07-09-2014 09:55 AM PDTLaw Library Disclaimer
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