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Have you been victimized by inverse condemnation?

On Behalf of | Nov 3, 2023 | Eminent Domain

In most eminent domain cases, the government approaches property owners to discuss paying just compensation in exchange for taking land for public use. Even though that sounds straightforward, there can be complications along the way, including arguments over whether the taking really is for the public good, or if the amount of money offered for the land is just. But you might also encounter an eminent domain issue even when the government doesn’t directly take your land.

What’s a constructive taking in eminent domain?

A constructive taking, also referred to as inverse condemnation, occurs when the government acts in a way that renders your property useless or significantly diminishes your ability to enjoy it without providing you with compensation.

There are several ways that inverse condemnation can occur, including the following:

  • Physical takings, such as when the government blocks off access to major roads without initiating eminent domain proceedings and providing just compensation.
  • Regulatory takings, where the government imposes restrictions on the land’s use such that you a deprived of your right to own and use the land as you see fit.
  • Indirect takings, which is the loss of value that your remaining land suffers as a result of an actual taking of part of your property.
  • Police damage, which is a loss in value to your land caused by the government and that should be compensated.

Competently navigate your eminent domain or inverse condemnation case

Remember, inverse condemnation occurs when the government takes or otherwise significantly reduces the use of your land without initiating eminent domain proceedings. And there are a lot of ways that this can occur. So, if you feel like the government has unfairly taken advantage of you, then you should start thinking about the best ways to build your case so that you can recover the compensation that you’re owed.

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