Whether you like it or not, the government has the ability to take your land whenever it thinks that it needs it for public use. The catch is that the government is supposed to give you fair compensation for the land that is taken, which isn’t as easy of a determination as it may seem. Yet, in some instances, the government’s actions are so invasive that they can constitute a taking even when land hasn’t been physically taken, or it can expand the reach of a physical taking beyond what the government paid for. This is known as inverse condemnation.
A closer look at inverse condemnation
It’s important to realize that eminent domain is about much more than just physical property. It’s about your property rights. Therefore, when the government infringes on those rights and causes you harm, then you should be fairly compensated. This means that you need to look at what makes your property valuable and how the government’s ations have diminished that value.
So, even if the government only takes part of your land to build a new road, that road could divide your property and limit your enjoyment of all of your land. These circumstances are common for those who engage in farming and ranching.
But even temporary actions by the government, such as flooding your property, and regulations can constitute a taking under inverse condemnation law. What’s important to remember is that the analysis has to focus on how the government has interfered with a right that you have in your property.
Competently navigate your inverse condemnation case
These cases can be extraordinarily complicated. That means that in order to maximize your chances of success, you have to be prepared to present evidence that speaks to the applicable legal elements while anticipating the other side’s arguments. To ensure that your claim is as thorough as possible, please continue to research this area of the law, assess how it applies to your circumstances, and craft the most persuasive legal arguments possible under the circumstances.