The owner initiates the action where government action effected a taking without eminent domain proceedings. Physical invasion, flooding, access impairment, and regulatory deprivation are common bases.
The owner bears the burden of establishing a taking occurred.
Alternative Names:
Inverse Condemnation Claim, Reverse Condemnation
Why it Matters?
Physical invasion cases succeed more readily than regulatory ones, since any permanent physical occupation is a taking regardless of the public benefit or the minimal extent. Flooding from public improvements and access impairment from road projects are recurring contexts. Regulatory claims face the demanding Penn Central and Lucas analysis, which most restrictions survive.
Frequently Confused with
Related terms
Frequently asked questions
Which claims succeed most readily?
What are recurring contexts?
