What is the difference between direct condemnation and inverse condemnation?

Eminent domain law concerns the power of the government to take private property for public use. In Washington, there are two ways that the government can take control of property– direct condemnation and inverse condemnation. Direct condemnation is when the government employs its power of eminent domain to take control of private property for public use. This means that the government will negotiate with the owner for the purchase of the property, and if the owner does not agree to the price offered, the government will use its power of eminent domain to take the property. In these cases, the owner will receive just compensation for the property. Inverse condemnation is when the government has already taken control of a property but has not taken legal action to do so, or has done so without paying the owner just compensation. This often occurs when the government has not adequately studied all the details of the situation prior to taking control of the property. In this case, the owner must pursue legal action to receive just compensation for the property. In summary, the difference between direct condemnation and inverse condemnation is that direct condemnation occurs when the government legally takes control of a private property for public use and pays the owner just compensation for it, whereas inverse condemnation occurs when the government takes control of the property without legal action or adequate compensation.

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