As a property owner, you take pride in your land and the value it holds. But did you know that the government’s actions can quietly devalue your property without physically taking it?
There are many ways that the government can impact your property’s value outside of the eminent domain process. This is known as an inverse condemnation taking, and it can happen to anyone. In this article, we’ll explore the complex issue of inverse condemnation and what you can do to protect your property rights.
What property owners need to know about inverse condemnation
In a traditional eminent domain case, the government initiates the lawsuit because they intend to take the property and admit that they must pay just compensation. In contrast, in an inverse condemnation action, the government doesn’t admit to taking the property, and it’s up to the landowner to prove that a taking has occurred without offering just compensation.
Winning an inverse condemnation claim can be challenging because the landowner must prove that the government action caused a drop in the value of private property. However, it’s not impossible to win.
For example, a government entity started a construction project with conditions that result in significant value loss, tenant vacancies or deterioration. Those affected may initiate an inverse condemnation claim.
Safeguarding your rights as a landowner
Now that you know more about inverse condemnation, it’s time to turn knowledge into power. As a property owner, you have the right to defend your land and your interests. Learn what steps you can take and consider consulting a trained legal professional who can help you understand this issue.