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Los Angeles Inverse Condemnation Lawyers

Are You in Need of a Los Angeles Inverse Condemnation Attorney?

When the government damages or interferes with your private property without formally exercising eminent domain, you may have a legal remedy known as inverse condemnation. Whether it's property flooding caused by a highway expansion or business losses following restrictive zoning, these cases are legally complex, and property owners may not realize they’re entitled to compensation.

At Peterson Law Group PC, we help landowners, business owners, and developers throughout Los Angeles assert their constitutional right to just compensation when government actions reduce the value or use of their property. With over 35 years of legal experience, founding attorney John S. Peterson has become a trusted advocate for property rights in California.

If your property has been damaged, devalued, or restricted due to a government project, you may have grounds to pursue an inverse condemnation claim.

These cases may arise when:

• Highway construction or road expansion causes flooding or runoff damage
• Public utility installations reduce access to land or business operations
• Pipelines or underground infrastructure are installed without compensation
• Environmental or zoning regulations make development impractical or impossible
• Public projects physically encroach on private property without proper acquisition

Why Choose Peterson Law Group PC Over Other Inverse Condemnation Lawyers in Los Angeles?

Choosing the right legal team can mean the difference between a denied claim and full compensation. At Peterson Law Group PC, our reputation is built on deep knowledge of California’s property laws, courtroom experience, and results-driven strategies.

• Dedicated Focus on Property Rights: Inverse condemnation and eminent domain are not side practice areas, they’re central to what we do.
• National Recognition: John S. Peterson is a member of the American Board of Trial Advocates (ABOTA), Multi-Million Dollar Advocates Forum, and has an AV Preeminent rating by Martindale-Hubbell.
• Proven Results: We have recovered substantial compensation in complex land use, takings, and condemnation disputes across California.
• Respected in the Field: Our work has shaped legal precedents involving inverse condemnation, regulatory takings, and government liability.

Has Government Action Damaged Your Property?

Contact Peterson Law Group PC at (213) 236-9720 to explore your right to compensation.

How an Inverse Condemnation Lawyer Can Help

Inverse condemnation cases involve technical legal standards, expert testimony, and significant government resistance. Here’s how Peterson Law Group PC can assist:

• Identify Whether You Have a Claim: We review your situation to determine whether a government entity’s actions qualify as a taking under California law.
• Preserve Evidence of Damage: Timing and documentation are critical. We help gather valuation reports, property records, and expert assessments.
• Navigate the Claims Process: From initial government notification to formal legal filings, we ensure compliance with procedural rules.
• Build a Compelling Legal Case: We coordinate with engineers, appraisers, economists, and environmental experts to support your claim.
• Fight for Full Compensation: We pursue every recoverable loss, including property damage, lost business use, and decreased market value.

What Is the Statute of Limitations in California?

California imposes specific time limits for filing an inverse condemnation claim. In general:

• For physical damage to property, the statute of limitations is three years from the date the damage occurred or was discovered.
• For regulatory takings or gradual impacts, the deadline may vary, but prompt action is still critical to avoid waiving your rights.

Inverse condemnation claims often overlap with tort claims or breach of duty, which may have shorter deadlines. This could be as short as six months under certain government claims rules. A qualified attorney can help you determine the correct timeline and preserve your ability to recover compensation.

Reasons to See an Attorney Right Away

Waiting too long can jeopardize your ability to recover damages. Here’s why you should speak with an inverse condemnation lawyer as soon as you suspect a taking:

• Short Filing Deadlines: Missing the applicable statute of limitations may completely bar your claim.
• Preserving Evidence: Damage to property or loss of access must be documented early. Delay can make causation harder to prove.
• Government Pushback: Agencies may deny responsibility. You’ll need legal representation to assert liability and pursue rightful compensation.
• Complex Valuation Issues: The longer you wait, the more difficult it becomes to document depreciation or use loss tied to the government’s action.

What Is Inverse Condemnation?

Inverse condemnation is a legal action brought by a private property owner against the government, when the government’s activities have taken or damaged property without formally invoking eminent domain.

Under Article I, Section 19 of the California Constitution, property owners are entitled to just compensation when their property is taken or damaged for public use. When the government fails to initiate formal proceedings, inverse condemnation allows the property owner to sue to enforce that right.

This legal remedy is essential for ensuring that public projects don’t unfairly burden private individuals without fair payment.

Your Property. Your Rights.

Call Peterson Law Group PC at (213) 236-9720 to learn more today.

Types of Inverse Condemnation

Inverse condemnation cases fall into two primary categories, physical taking and regulatory taking:

Physical Taking

Occurs when the government physically occupies, alters, or damages property without formal acquisition. Examples include:

• Surface flooding caused by road construction
• Noise pollution from nearby public infrastructure
• Permanent placement of utility lines or structures

Regulatory Taking

Occurs when government regulations or actions significantly interfere with a property’s value or permitted use. This may include:

• Zoning changes that eliminate development potential
• Environmental restrictions that prevent intended land use
• Permit denials that frustrate existing property rights

What Causes Inverse Condemnation?

Many inverse condemnation cases arise from public infrastructure projects, environmental enforcement, or changes in land use law. Common causes include:

• Highways: Road widening or realignment may lead to runoff, noise, or physical encroachment on private property.
• Utilities: Electrical substations, power lines, water systems, or sewer lines may be installed with no compensation for affected landowners.
• Pipelines: Gas, water, or petroleum pipelines often run beneath private land, causing subsidence or limiting property use.
• Environmental Regulations: When environmental policies limit the ability to build or use land productively, it may amount to a regulatory taking.
• Zoning Changes and Development Limitations: Local governments may downzone land, reclassify usage, or limit density in ways that materially reduce value.

What Is Just Compensation for Your Losses?

If you win a settlement or judgment for a Los Angeles inverse condemnation claim or lawsuit, you will be awarded just compensation, which may include:

• Lost revenue
• Property damage
• Attorney’s fees
• Filing and administrative costs
• Interest
• Opportunity costs

The Legal Process of Inverse Condemnation

Inverse condemnation claims follow a structured legal process. Our legal team guides clients through every step.

Notifying Government Liability

Though formal notice is not always required, we often begin by notifying the agency involved and attempting informal resolution. Some cases are resolved at this stage if liability is clear.

Proving Property Damage or Loss

We collect expert testimony and documentation to show how the government’s action caused direct physical harm or diminished the property’s value or utility.

Asserting the Right to Just Compensation

Once liability is established, we calculate the fair amount of compensation, including:

• Market value of land or improvements
• Business interruption or lost use
• Diminished value of remaining property
• Restoration costs, when applicable

We pursue settlement or, when necessary, represent clients in court to enforce their rights.

California Laws That Impact Reverse Condemnation Cases

California Constitution

Article I, Section 19 of the California Constitution explicitly states that "Private property may be taken or damaged for public use only when just compensation... has first been paid to... the owner."

This broad language includes not only full takings but also damage to property, a distinction that makes California’s law more favorable to landowners than many other states.

Inverse Condemnation Statutes

California case law and statutes recognize inverse condemnation as a valid remedy when:

• The government has not filed eminent domain proceedings
• The action results in property damage or value loss
• The project serves a public use

Courts have consistently affirmed property owner rights under these doctrines, but the burden of proof rests with the property owner, making experienced legal counsel essential.

Case Results

Inverse Condemnation (Landslide)

Initial government offer: $0

Awarded: $4,650,000

Peterson Law Group represented the owner of a downslope estate against a city when a slope failure collapsed a part of a canyon wall and blocked the clients’ driveway, damaged portions of the property, and shut down Laurel Canyon.

Inverse Condemnation (Uneconomic remainder and delay)

Initial government offer: $3,072,000

Awarded: $6,250,000

As part of the High Speed Rail project, the State planned partial acquisitions on 2 sides of a 7-acre commercial property, which would have caused diminished parking and substantial access impairment. Peterson Law Group negotiated a full acquisition of the entire property.

Speak With an Experienced Los Angeles Inverse Condemnation Attorney Today

When the government’s actions damage or interfere with your property rights, you shouldn’t be left without a remedy. Peterson Law Group PC is here to help you assert your right to just compensation.

We serve clients across Los Angeles and Southern California in complex inverse condemnation, eminent domain, and land use litigation. Our goal is simple: to ensure that when public projects harm private property, owners are treated fairly and compensated fully.

Call (213) 236-9720 to schedule a consultation and learn more about how we can protect your property rights.

Inverse Condemnation FAQS

What is inverse condemnation?

Inverse condemnation is a legal claim filed by a property owner when the government damages or reduces the value of their property without formally using eminent domain. It allows you to seek compensation when your property has been taken or harmed for public use without just payment.

How is inverse condemnation different from eminent domain?

In eminent domain, the government initiates the process to acquire your property and must pay just compensation. In inverse condemnation, the government does not follow that formal process. That means the property owner must sue after the damage or taking has occurred.

What are examples of inverse condemnation?

Common examples include:

• Road construction that causes flooding or erosion on private land
• Utility installations that damage access or use
• Pipeline leaks that cause property damage
• Environmental regulations or zoning changes that reduce property value
• Permanent noise, dust, or vibrations from nearby public infrastructure

Do I have a claim if my property value was reduced but not physically taken?

Yes. In California, even if there is no physical occupation, you may still have a claim if the government’s actions significantly interfere with your property use or diminish its value. These are often called regulatory takings.

How do I prove inverse condemnation?

You must show:

1. A government entity caused or was responsible for the damage or interference
2. The property suffered actual harm or loss of value
3. The action served a public purpose

Peterson Law Group PC works with experts to develop strong valuation and causation evidence.

What compensation can I recover?

You may be entitled to:

• The reduction in fair market value of your property
• Restoration costs, if applicable
• Compensation for loss of business use or income
• Legal expenses in some qualifying cases

Is there a statute of limitations for inverse condemnation in California?

Yes. You typically have three years from the time you knew, or should have known, about the property damage or taking. However, if your claim overlaps with tort or negligence claims, deadlines could be as short as six months. Early legal advice is essential.

Can renters or leaseholders bring inverse condemnation claims?

Possibly. If the leasehold interest has economic value, such as below-market rent, long-term occupancy, or substantial tenant improvements, you may have a claim. Peterson Law Group PC evaluates both landlord and tenant rights in these cases.

What if the government denies responsibility?

That’s common. Government agencies often deny liability or claim the damage was due to natural causes. We build comprehensive cases using engineers, appraisers, and environmental professionals to establish causation and value loss.

Meet Our Attorney

John S. Peterson

John S. Peterson is a leading authority in California eminent domain and inverse condemnation law. With over 35 years of legal experience, he has built a distinguished career advocating for property and business owners whose rights have been threatened by government takings, land use restrictions, and real estate-related disputes.

As the founder of Peterson Law Group PC, he represents clients in complex litigation involving eminent domain, inverse condemnation, landslide and subsidence claims, and regulatory takings. His clients include landowners, commercial tenants, developers, and public entities navigating some of the most challenging property cases in California.

Whether litigating physical takings caused by infrastructure projects or pursuing claims for loss of business goodwill and leasehold value, John S. Peterson is committed to protecting the constitutional rights of property owners and securing full compensation for every loss.