What is the difference between direct condemnation and inverse condemnation?

The difference between direct condemnation and inverse condemnation lies in how governmental entities take an individual’s land. Direct condemnation is the process of government taking land for public use, or eminent domain, in which the landowner is compensated monetarily. This would be used for projects like building roads, power lines, or public buildings. Inverse condemnation, on the other hand, is an action taken by a governmental entity that diminishes the value of a landowner’s property, without providing compensation. In Alaska, a landowner must prove that the governmental action diminished the value of their land before proving inverse condemnation. Direct condemnation is a process for the government to acquire land from private individuals, while inverse condemnation is a situation where the government has already taken the land. An example of direct condemnation would be when the government would pass a law to take one person’s land, with just compensation, to build a road or a public school. An example of inverse condemnation would be if a governmental entity built a power line that blocked the view from a person’s land, but the government did not give the individual any compensation. In Alaska, the legal system allows individuals who have had their property taken through inverse condemnation to sue the governmental entity for compensation.

Related FAQs

Who has the power of eminent domain?
How do I know if my property qualifies for eminent domain?
What is the difference between market value and actual value?
Can the government take my property for private use?
Can private individuals use eminent domain?
What is the procedure for resolving a dispute over compensation?
What is the difference between eminent domain and condemnation?
What are the different forms of compensation available for a taking?
What is the difference between value for tax purposes and market value?
What is a taking?

What is the difference between direct condemnation and inverse condemnation?

Related FAQs

Related Blog Posts