Inverse condemnation occurs when a public project or Government activity causes property damage without payment of just compensation or effectively results in the property being taken, damaged or occupied. Inverse condemnation may result from a nearby public project, public improvement, or Government activity that causes:
- Landslide and land subsidence (collapse or sinking)
- Loss of adjacent or subsurface support
- Water, mud and debris flows
- Discharge of contaminants or materials
- Unreasonable interference with access
- Physical occupation of property
In certain circumstances, loss of property value may arise when a government agency unreasonably delays in the acquisition of property after publicly announcing an intent to acquire the property.
When property is taken or property damage is caused by a government agency or a public project without an offer of compensation first being made, a property owner should immediately explore hiring an experienced property damage litigation lawyer before further losses accrue.
An experienced Los Angeles property damage litigation lawyer can assist you by developing a course of action to counter inverse condemnation, by assembling the proper team of experts and consultants that will be required to establish both liability and damages against the government.
The experts and consultants required may include several specialized disciplines. The experience level of the inverse condemnation lawyer will be key in developing the case strategy and organizing the team of experts based on the specific needs of each particular inverse condemnation case.
Due to the complex nature of many inverse condemnation cases that involve earth movement, expert analysis is instrumental in the conduct of the litigation, as well as in the development of a remedial plan to address the problem.
When a government agency or entity moves to take a property without following the proper eminent domain procedures, it is known as inverse condemnation. If the agency that is taking the property fails to follow appropriate eminent domain procedures, you can challenge the action and seek representation from a skilled inverse condemnation attorney. It is important to note that inverse condemnation not only applies to the improper taking of property. If a government agency is liable for damage or some form of destruction to private property, it is also considered to be inverse condemnation. As such, it is crucial to consult with an inverse condemnation attorney if your property is subject to unlawful government conduct.
Inverse condemnation is a very complex area of law that covers a myriad of circumstances and situations that fall under this category. As a result, it is highly advised to seek a knowledgeable inverse condemnation attorney for a detailed assessment of your case.
Call (213) 277-7872 to schedule a consultation regarding inverse condemnation or related issues.
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