What is the difference between direct condemnation and inverse condemnation?

In Nebraska, there are two types of eminent domain actions: direct condemnation and inverse condemnation. Direct condemnation is when the government initiates an action to acquire a property for public use by utilizing the power of eminent domain. The condemnor—or entity that wants to take the land—files a complaint and serves notice of the action to the land owner. The land owner then files an answer to the complaint and, if necessary, a jury will be formed to determine the amount of just compensation the land owner will receive for the government’s use of the land. Inverse condemnation is when the government uses its authority to seize a property for public use without filing a complaint or serving notice. This action can be taken in cases of emergency or when a public improvement project requires the use of private property. The land owner can then file a petition for compensation to receive the appropriate amount of just compensation for the taking of their property. In both cases, the land owners have the right to receive full and just compensation for the taking of their land. The main difference between the two is that with direct condemnation, the government initiates the action to take the property, and with inverse condemnation, the land owner initiates the action for compensation.

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What is the difference between direct condemnation and inverse condemnation?

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