March 19th, 2020 — In

Inverse Condemnation-A Short Primer

This Article is written by Owners’ Counsel of America for general informational purposes only. It is intended to assist landowners in understanding some of the basic elements of an inverse condemnation claim. It is not intended to provide legal advice. For a more in depth understanding of inverse condemnation, consultation with an exerienced eminent domain lawyer is advised. What Is An Inverse Condemnation Taking?               An airplane flies so low over your home, the walls shake and the windows rattle.               A city decides to build a sewage treatment plant right next to your residential property.               An urban renewal authority places a long term blight designation on your property which depreciates its’ value significantly, causes tenants to leave, municipal services to be denied or curtailed, and otherwise results in the overall deterioration of the surrounding neighborhood.  In none of these situations has the governmental entity sought to take property from you. Nonetheless, there is an undeniable negative impact on your property that causes substantial injury and damage. These are but a few examples of actions that may lead to an inverse condemnation claim on behalf of the affected property owner. In its’ simplest form, an inverse condemnation is an intrusion on an owner’s property or property rights due to the actions of a governmental entity that results in a taking without payment of just compensation. How Does An Inverse Condemnation Differ From […]

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