What is the difference between direct condemnation and inverse condemnation?

The difference between direct condemnation and inverse condemnation lies in the way the government takes ownership of a piece of property. Direct condemnation is a process by which the government exercises its power of eminent domain to acquire private property for public use. The government initiates and completes this process, from the filing of the complaint to the payment of compensation to the owner of the property. In contrast, inverse condemnation occurs when the government indirectly acquires the property due to a taking by government action. This could be the result of a zoning or land use change, a governmental act, or even an omission. With inverse condemnation, the property owner is not given the same opportunity to be compensated that they would be under direct condemnation, and the government is not held legally liable for the taking until the land owner files a claim for compensation. In Virginia, both direct and inverse condemnation can be used to take property for public use. A notable example of the government exercising its power of eminent domain in Virginia was when the government acquired more property for the Dulles International Airport Expansion Project in 2020. In this case, direct condemnation was used to acquire the properties.

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What is the difference between direct condemnation and inverse condemnation?

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