Inverse Condemnation

Under the rules of eminent domain law, the condemning authority must declare a taking when acquiring private property without an owner's consent. This taking triggers the property owner's right to pursue additional just compensation. Unfortunately, for a variety of reasons, the condemning authority may take property or property rights from an owner without declaring a taking and initiating the eminent domain process; thus preventing the property owner from pursuing a claim for just compensation.

In this situation, a property owner has the right to file an inverse condemnation claim. Under inverse condemnation, the property owner has the right to go to court and explain that the actions of the alleged condemning authority amount to a taking of property. The court will then declare that a taking of property has occurred, giving the property owner the ability to move on to the damages phase of their case where they can pursue a claim for just compensation.

There are two general categories of inverse condemnation: regulatory takings and physical takings. Also worth mentioning are unreasonable development restrictions, which can result in a regulatory taking.

Regulatory Takings

This is the most common type of inverse condemnation situation that arises when a government agency passes some type of regulation that restricts a property owner's ability to use their property.

Learn more about Regulatory Takings

Unreasonable Development Restrictions

This situation is akin to regulatory takings and occurs when unreasonable development restrictions are imposed upon property owners attempting to develop their property to its highest and best use. These restrictions can rise to the level of an inverse condemnation regulatory taking.

Learn more about Unreasonable Development Restrictions

Physical Takings

In this situation, a condemning authority takes a portion of property or property rights without declaring a taking.

Learn more about Physical Takings