Inverse Condemnation and Regulatory Takings
While it seems improbable that a government entity can take private land without using eminent domain or compensating you, it does occasionally happen. If property has been acquired without the use of condemnation proceedings, the law provides relief in what is called inverse condemnation. Inverse condemnation occurs when the government takes property and intentionally or accidentally fails to bring a condemnation action in court that would require compensating the owner.
The most obvious form of inverse condemnation is when the government physically builds a project, such as a road, on your property. However, inverse condemnation is not limited to the physical taking of property. It can occur when the government creates a nuisance, such as building a sewer treatment plant or airport near a property that interferes with the quiet use and enjoyment of that property. Or, the government can pass a regulation, such as a zoning ordinance, that deprives the owner of the economic use of the property. Simply put, these actions have negative impacts on the value of the property for which the property owner may be entitled to compensation.
Contact an Experienced Eminent Domain Attorney
Locate a condemnation lawyer in your state to discuss the specific situation threatening your property. The eminent domain attorneys affiliated with the Owners' Counsel have the experience to successfully represent property owners wrongfully deprived of their property rights by the government.
