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Inverse Condemnation

What is Inverse Condemnation?

While it seems improbable that the government can take your private property without using the power of eminent domain and without compensating you, it does happen. If your land has been acquired by the government or other condemning authority without following condemnation procedures, you may have the right to bring an inverse condemnation action to recover the value of the property taken. The lawsuit is termed “inverse” because it is initiated by you, the property owner, and not by the condemnor.

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 permanent physical taking of property. The temporary taking of private property, such as periodic government induced flooding, has been considered by the courts to be a taking of private property for which the payment of just compensation is required.

For more information about inverse condemnation actions and how they differ from a traditional eminent domain taking, read “Inverse Condemnation-A Short Primer” in Featured Articles under Landowner Resources.

Experienced Inverse Condemnation Attorneys

Owners’ Counsel lawyers have successfully represented landowners, businesses owners, developers and other property owners in inverse condemnation suits against local, state and Federal government agencies. In inverse condemnation claims, the burden of proving that a taking has occurred falls upon the landowner. In such cases, the lawsuit is initiated by the landowner against the government.

OCA attorneys are experienced with inverse condemnation litigation. Our lawyers have the knowledge and skills necessary to successfully represent property owners wrongfully deprived of their property rights by the government.

For more information about inverse condemnation visit our Landowner Resource Center and Library where you will find Definitions to key eminent domain and taking terms, helpful FAQ’s, and useful and informative Articles on an array of eminent domain and taking issues.