What is inverse condemnation?

Inverse condemnation is a legal concept used in Washington state, as well as other states, when a government ruling on eminent domain law does not provide just compensation for property taken. Eminent domain law allows the government to take private property for public use, but requires the government to pay just compensation for the taking. In inverse condemnation, the government can be found to have taken the property even if they do not physically take possession of it. If the government’s ruling significantly reduces the value of the property, the owner can make an inverse condemnation claim. An example of an inverse condemnation claim in Washington would be if the government passes a law or regulation that decreases the value of a property owner’s land without actually taking possession of it. A property owner could file a claim for inverse condemnation in Washington, as the Fifth Amendment to the U.S. Constitution states that government action cannot go so far as to take private property without paying just compensation. In such a case, the property owner would have to show that the government’s action directly and substantially decreased the value of their property in order to receive just compensation. In Washington, if a property owner can prove their inverse condemnation claim, the government must pay just compensation for the property taken. The amount of compensation for an inverse condemnation claim is determined by a jury, who must determine the fair market value of the property before and after the government’s action, and the difference between the two is the amount of compensation due.

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What is inverse condemnation?

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