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Scenarios That Could Lead To An Inverse Condemnation Claim

  • On behalf of: Peterson Law Group
  • Published: April 13, 2018

Whether you own land, a home or a business, you have likely put a great deal of time, money and other resources into buying and maintaining it. As such, property owners across California take their ownership rights and protections very seriously.

For instance, if the government takes or damages to your private property through direct condemnation (eminent domain), you have the right to receive just compensation. If the government damages your property without initiating formal condemnation proceedings, you may have grounds to pursue an inverse condemnation claim.

  1. Fires caused by utility poles
  2. House flooding caused by city-owned sewer line problems
  3. Pipe installation that disrupts access to a business
  4. Damages to property caused by adding roads or sidewalks
  5. Airport extensions or changes that result in excessive noise or vibrations
  6. Government entity taking property or accessing it without paying compensation
  7. Rezoning an area in such a way that a business owner can no longer operate in that location

Of course, each case involving possible inverse condemnation is highly technical and requires close examination. These scenarios might lead to a legal claim or they might not; it will depend on numerous details like where the events occurred and what caused the alleged taking or damage.

If you are a property owner in California with questions about these or any other scenario that might warrant legal action, you would be wise to discuss the details of your situation with an experienced attorney. Because these cases can be so complicated, it can be valuable to have the guidance and support of an attorney familiar with California inverse condemnation and eminent domain laws.

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