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When can property owners file for inverse condemnation in California?

On Behalf of | Jun 7, 2024 | Inverse Condemnation

You might have prevented the government from taking your property for a public project, but then it still suffered damage during the process. In such a case, you have the right to seek compensation from the government for the damage to your property.

Inverse condemnation in California allows property owners to seek compensation for damage caused by public projects. Here are three instances that might warrant an inverse condemnation claim.

Physical takings

If the government takes a part of your property for a public project, such as road construction, but does not provide you with just compensation, you can pursue an inverse condemnation claim.

However, a physical taking not only refers to acquired properties. It could also happen when your property suffers direct damage, for instance, due to flooding or landslides caused by the public project. In such cases, you can file an inverse compensation claim to seek compensation for the damage to your property.

Regulatory takings

A regulatory taking occurs when government projects result in changes with zoning or permits, which significantly impact the use or value of your property. For example, if a project results in a zoning ordinance prohibiting commercial buildings in the area, resulting in a significant loss of property value, you may be able to file an inverse condemnation claim for it.

Contamination and other damage

Contamination or other damage caused by a public entity or because of a public project can also give rise to an inverse condemnation claim. This can include excessive noise, vibrations or blasting, impaired property access or environmental contamination.

A legal professional can help your case

Inverse condemnation is an important legal remedy that property owners in California can use when a public entity takes or damages their property without just compensation. If you believe that your property has been affected by a public project, it is essential to consult with an experienced eminent domain attorney to determine whether an inverse condemnation claim may be appropriate. By understanding the instances when inverse condemnation may be applicable, you can better protect your rights and seek the compensation you deserve.