Inverse Condemnation
Inverse Condemnation: Per Se Takings and Exactions
Inverse condemnation is when a government entity takes private property for public use without formally invoking its eminent domain powers. This may include physical occupation, regulatory actions restricting property use, or other actions diminishing property value.
How Inverse Condemnation Claims Arise from Damaged Property
As a property owner, you have the right to bring an inverse condemnation action when your property has been effectively taken or damaged due to government action or the government’s failure to act. This includes physical appropriation and regulatory actions that lead to a loss in your property’s value.
How To Know Whether You Have an Inverse Condemnation Case
Inverse condemnation is a legal concept that can be difficult to grasp, making it hard to determine whether you have a strong case. Property owners can overcome challenges in inverse condemnation cases by documenting damages with photos and records, gathering eyewitness accounts, obtaining expert opinions, and collecting relevant government documents.
Inverse Condemnation and California Property Rights
Under the doctrine of eminent domain, government agencies have the legal right to take private property without the owner’s consent for public use. The action of taking the property is known as condemnation. The flip side of eminent domain is inverse condemnation, in which a private property owner files a lawsuit against the government for taking or damaging property. It is essential for property owners to seek legal representation to help protect their rights in the face of government actions.
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