Define: Inverse Condemnation

Inverse condemnation is a legal action brought by a property owner against a government entity alleging that the government has taken or damaged their property without just compensation.

Eminent domain is the government’s power to take private property for public use, with just compensation to the property owner. Inverse condemnation is when the property owner initiates legal action against the government for taking or damaging their property without just compensation.

Examples of inverse condemnation include flooding caused by a government project, zoning regulations that restrict the use of a property, or physical occupation of a property by a government entity without compensation.

The statute of limitations for filing an inverse condemnation claim varies by state, but it is typically a relatively short timeframe, such as one to three years from the date the property owner knew or should have known about the government’s actions.

Just compensation in an inverse condemnation case is typically determined by the fair market value of the property at the time of the government’s action, as well as any damages or loss of use suffered by the property owner.

No, inverse condemnation claims can only be brought against government entities, as they involve the government’s exercise of its power of eminent domain.

Yes, a property owner can bring an inverse condemnation claim even if the government’s action was unintentional, as long as the property owner can show that their property was taken or damaged without just compensation.

Yes, a property owner can bring an inverse condemnation claim even if they have not been completely deprived of their property, as long as they can show that the government’s actions have resulted in a taking or damaging of their property.

Yes, a property owner can still bring an inverse condemnation claim if they believe the compensation they received from the government was not just or adequate for the taking or damaging of their property.

It is highly recommended to seek the assistance of an experienced attorney when bringing an inverse condemnation claim, as these cases can be complex and involve specific legal procedures and requirements.