In a typical condemnation, the government openly exercises its eminent domain power by taking private property, and then compensates the property owner. However, sometimes the government takes private property, or otherwise interferes with property rights, without adhering to the proper constitutional framework. When this occurs, property owners have a right to an inverse condemnation action.
Inverse Condemnation Lawsuits
In an inverse condemnation lawsuit, a property owner sues the government for taking property without providing just compensation.
Importantly, a taking can come in many forms. In flooding or deprivation of access cases, for instance, the debate might center on whether a physical taking actually occurred. 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.
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 rights.
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.
In the second stage, parties recognize the taking has occurred and focus solely on the amount of compensation. Property owners are likely to meet resistance at each of these stages, but an attorney can help them protect their rights and obtain the compensation they deserve.
Call JacksonWhite at (480)467-4360 to discuss your case today.
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