What is inverse condemnation?

Inverse condemnation is a legal process that protects property owners in Maryland from the government’s use of eminent domain laws. Through inverse condemnation, a person can seek financial compensation or other remedies for any damage caused to their property by the government’s use of eminent domain. The government may use eminent domain to take possession of land for purposes such as public works projects, like highways and construction of homes or other structures. In such cases, the government must provide the landowners with fair compensation for the property they are taking. Inverse condemnation occurs when this process of fair compensation is not observed and the property owner has suffered a loss of their property without proper compensation. In Maryland, an inverse condemnation claim is made when a private property owner makes a claim to recover compensation for an illegal or unconstitutional taking of their property rights. This claim is made under the Fifth Amendment of the United States Constitution, which states that no person shall be deprived of their private property without due process of law and just compensation. In Maryland, a property owner must file suit within three years of the taking happening for an inverse condemnation claim to be valid. In the claim, the property owner must demonstrate that the taking was illegal and unconstitutional and that they did not receive fair compensation. If successful, the property owner may be able to recover enough money to replace the lost property or be paid for lost profits, damages, and attorney fees.

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What is inverse condemnation?

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