Inverse Condemnation Arizona

In a typical condemnation, the government openly exercises its eminent domain power by taking private property, and then compensating the property owner.  But many times the government takes private property, or otherwise interferes with Arizona property rights, without adhering to the proper constitutional framework.  And when it does, property owners have a right to institute an inverse condemnation action.

Inverse Condemnation Law Suits

In an inverse condemnation lawsuit, a property owner sues the government for taking his or her property without just compensation.  Importantly, a taking can come in many forms, and property owners who have lost full use or enjoyment of their property due to a governmental action should consult with an inverse condemnation attorney about their Arizona property rights.  In flooding or deprivation of access cases, for instance, the debate might center on whether a physical taking actually occurred.  Or, in regulatory taking cases, the key issue might be whether a regulatory scheme goes too far and deprives the owner of the property’s full use or value.  Whatever the specific situation, property owners should speak with an inverse condemnation attorney about whether condemnation law offers them any recourse.

Inverse condemnation lawsuits typically unfold in two stages.  The first stage involves proving to the court that a taking has in fact occurred.  Whether the taking is physical or regulatory, the property owner must convince the court that the government’s action or lack of action led to a taking of the property. The second stage in an inverse condemnation lawsuit is much like a typical condemnation lawsuit, in that it recognizes the taking has occurred and focuses solely on the amount of compensation.  Property owners are likely to meet resistance at each of these stages, but an Arizona condemnation lawyer can help them protect their rights and obtain the compensation they deserve.

Case Studies

Case Study #2
An automobile service station is located along a busy roadway that the government decides to widen. The business owner uses the front lot for parking customers’ cars before and after they have been serviced. Although the government does not take the property upon which the service bays are situated, it does construct a road improvement over a portion of the front parking area. The road project was completed without purchasing the land from the owner or by instituting an eminent domain lawsuit. As a result, the government took the property without paying just compensation.An Arizona eminent domain attorney can advocate for this owner and help obtain full compensation for the taking, including an award of attorneys’ fees. Obviously, the business owner is entitled to compensation for the physical taking of his property, but he is also entitled to damages resulting from the condemnation. An experienced Arizona eminent domain attorney can defend this business owner’s constitutional right to just compensation.

To see more Case Studies, click here.

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