When you purchase a piece of property, you expect to be able to use it how you see fit. Though you may have to deal with zoning and regulation issues upon purchase, thereafter the use of your property shouldn’t be infringed upon by the government. If the local, state or federal government do seize your property for the public good, then you should be justly compensated. The process may seem straightforward, but sometimes the government acts in a way that leaves you in a difficult position and without the compensation that you deserve. This is often the case with inverse condemnation.
What is inverse condemnation?
Inverse condemnation is a legal action you can take against the government if their actions have reduced your ability to use your property or the government’s actions have significantly decreased the value of your land. One way to think of inverse condemnation is that the government has essentially exercised eminent domain without physically taking your property. However, unlike with eminent domain, where the government initiates the process, it’s up to you to file an inverse condemnation case. Therefore, you’ll need to know what sort of situations tend to constitute a taking under the inverse condemnation theory of the law, that way you’ll be prepared to take legal action and fight to protect your interests when the time is right.
Common situations that lead to inverse condemnation
There are several types of taking that may warrant an inverse condemnation claim. These include the following:
- Regulatory takings: Newly implemented regulations and zoning laws can significantly impact the use of your property. If that happens, you need to be prepared to demonstrate how the newly imposed restrictions either decrease the value of your property or prohibit you from using the land as you initially intended.
- Flooding: Some government projects end up flooding private property that can cause water damage to your home or restrict your ability to use your land. You should be compensated for any damage that’s caused as well as any lost use of your property.
- Environmental issues: Unbearable noise and excessive pollution can certainly impact your ability to enjoy your land, and it might also impact your ability to use it appropriately. Consider, for example, the building of a transportation hub near a rental property that you own. The noise and pollution associated with this hub could dissuade renters from leasing your property, thereby causing you significant harm and minimizing your ability to use the property for rental purposes.
- Physical occupation: Sometimes governments try to physically occupy your property without securing an easement or otherwise compensating you. For example, your local municipality might install electrical or sewer lines on your property without informing you or compensating you, or they might do something like compensate you to build a road across your property, but the division of your property negatively impacts its value and your ability to use it in the way that you want. These circumstances may warrant legal action.
Don’t let the government take advantage of you
If you’re not proactive in policing your rights, then there’s a chance that the government will try to take your property without properly compensating you. If you suspect that you’ve been wronged by the government, the onus is on you to take legal action. So, gather evidence that might support your position and learn as much as you can about eminent domain and inverse condemnation. And if you feel like you need assistance with building your legal arguments, then be sure to seek out any assistance that you feel may be necessary.