Eminent Domain and Inverse Condemnation

Eminent Domain

If your real property is being taken by the government for a public use, such as a highway or public park, you are entitled to just compensation for the property that is taken from you. When a government takes property from you and starts an action against you, it is called eminent domain.

However, the government must abide by the provisions of both the state and federal constitutions which require that you be treated fairly. If the government has not run afoul of the constitutional restrictions, then the issue generally centers on the fair market value of the property that was taken from you.

Inverse Condemnation

What if the government is regulating your property without actually physically taking it and it has become so burdensome that your property is no longer has any economical use? Or what if the government has taken your property but has failed to pay your just compensation? Or failed to pay you compensation at all?

In such a case, you would want to commence an action against the government for the taking of your property. This type of actions is called an inverse condemnation action because it is not the government commencing an action against you (eminent domain); rather, you are filing a lawsuit against the government to recover what is rightfully yours. You have a right to file an inverse condemnation action under the Fifth Amendment of the United States Constitution and the California Constitution.

At Ogden Law Firm, PC, we have held clients with deal with inverse condemnation proceedings. We have helped them negotiate fair market value for the property that was taken from them by the government. If you need an experienced attorney to handle your case, contact us today.