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Inverse Condemnation

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,  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. In the following articles, we provide an overview of the inverse condemnation process and discuss several categories of inverse condemnation claims:

Inverse Condemnation: a brief overview
Physical Takings
Regulatory Takings
Unreasonable Development Restrictions

 

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