What is the difference between eminent domain and inverse condemnation?

Eminent domain and inverse condemnation are two related terms used to describe the power of the government to take over someone’s private property for a public use. In Washington, the rules for taking private property are laid out in the Washington Constitution and the state’s Eminent Domain Code. Eminent domain is the power of the state to take possession of private property, with or without the owner’s consent, for the purpose of public use with fair compensation to the owner. This is the usual situation when the government has the authority to take private property. For example, if the government wanted to build a highway, it might use eminent domain to acquire the necessary land. Inverse condemnation occurs when the government takes a person’s property without first obtaining the legal right to do so, or without providing fair compensation to the owner. This usually happens when the government makes a new law that has the effect of taking away some of the value of the land. For example, if the government passed a law limiting the number of homes that could be built in a particular area, this could reduce the value of the land and could amount to inverse condemnation. In Washington, both eminent domain and inverse condemnation require the government to give fair compensation to the owner of the property when it is taken for public use. In either case, the owner must be made “whole” or compensated for the economic value of their property. In certain cases, the owner may be entitled to additional compensation to cover any additional costs they incur as a result of the taking.

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What is the difference between eminent domain and inverse condemnation?

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