What is the difference between direct condemnation and inverse condemnation?

The difference between direct condemnation and inverse condemnation is a key concept in eminent domain law in New York. Direct condemnation occurs when a governmental body uses its power of eminent domain to take private land for public use. The government must pay just compensation to the land owner based on the fair market value of the land. In inverse condemnation, a government must still compensate the owner, but it does not have to take ownership of the land. Instead, it will pay for any damages caused by a public project or action, such as cutting off access to the property or diminishing its value. For example, if a highway project blocks access to a business, the government may need to pay the business owner for lost profits, regardless of whether it has taken ownership of the land itself. In both cases, the government is obligated to provide just compensation.

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What is the difference between direct condemnation and inverse condemnation?

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