What is inverse condemnation?

Inverse condemnation is a legal claim used in California that allows property owners to seek compensation for a taking of their property by the government or other public entities. It is an action that requires a property owner to bring a lawsuit against the public entity to recover compensation. In California, the government can take private property for public use under the law of eminent domain. Under the power of eminent domain, the government can take private property for public use with just compensation. Inverse condemnation is the flip side of eminent domain. The government might take a property owner’s property for public use, but may not provide just compensation for the taking. In order for a property owner to receive compensation for a taking, the owner must prove that the public entity intended to use the property for public use. The owner must also establish that the taking of the property was for a public purpose under the law, that the taking was permanent, and that the property was reduced in value as a result of the taking. If the property owner is successful in proving the public entity’s taking of the property, he or she is entitled to receive just compensation. This includes the fair market value of the property taken and any consequential damages. The amount of compensation is determined by the courts. Inverse condemnation is an important legal tool for property owners in California to seek compensation, when they otherwise might not be able to receive just compensation.

Related FAQs

How can I challenge the public use of the property taken through eminent domain?
Who is protected under eminent domain law?
How can I challenge the amount of compensation I am offered?
Are there any restrictions on the amount of time allotted for a taking?
What are the different forms of compensation available for a taking?
What is the fair market value of my property?
What is the difference between direct condemnation and inverse condemnation?
Can I receive compensation for emotional distress?
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What is inverse condemnation?

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