What is the difference between eminent domain and inverse condemnation?

Eminent domain and inverse condemnation are similar legal concepts, but with important differences. Eminent domain is the power of the government to take over private property or land for public use. In Texas, a governmental entity must follow specific steps to exercise this power after they have identified a project, such as defining the land that is needed for the project, offering a fair market price to the owner, and providing a period of time for the owner to accept or reject the offer. Inverse condemnation is when the government has taken over private property or land without first following the steps of eminent domain. There are many reasons why the government may do this, such as when they determine that the cost of going through the process of eminent domain outweighs the benefits or when a project is so urgent that it need to occur without delay. In Texas, if the government has taken property without following the eminent domain process, the owner is entitled to fair compensation. If the owner disagrees with the amount of compensation offered, they can file an inverse condemnation lawsuit to have the court review the amount of compensation. In summary, eminent domain in Texas is the power of the government to take over private property or land for public use, while inverse condemnation is when the government has taken over private property or land without first following the steps of eminent domain. In either case, the owner is entitled to a fair market value for their property.

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What is the difference between eminent domain and inverse condemnation?

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