According to the inverse condemnation doctrine, you have the right to take legal action when the government takes or damages your property without an eminent domain process.
Filing an inverse condemnation claim is a potential remedy if the government’s actions (or inaction) leave your property more vulnerable to natural disasters, resulting in physical damage.
How can government negligence lead to increased damage?
California is no stranger to natural disasters. As a property owner, you may have already taken precautions to protect your land as much as possible. But sometimes, government actions or inactions can lead to or worsen damage from these disasters.
Here are a few example scenarios:
- Poor planning of flood control systems can lead to flooding
- Not repairing aging infrastructure can make it more likely to fail during disasters
- Allowing development in flood plains or fire-prone areas increases the risk of property damage
Governments do not intentionally cause damage. However, their decisions can sometimes increase vulnerability to natural disasters or worsen their effects.
What do you need for an inverse condemnation claim?
An inverse condemnation claim can help you recover compensation for property damage and other losses. However, your claim must have certain elements, including but not limited to:
- Causation: The physical damage to your property must be directly caused by the government’s actions. Even if a natural disaster contributes to the damage, the government may still be liable if their negligence plays a major role.
- Diminished property value: Another important aspect is a significant reduction in your property’s value. You must demonstrate that the government’s taking or damage led to a significant economic impact on your property.
- Lack of compensation: Moreover, you need to show that you have not received fair compensation for the taking or damage.
If you are unsure about how to file a claim, consider talking to an attorney. They can help determine if you have grounds for legal action and, if so, guide you through the process.
Can utility companies also be liable?
Yes, California is one of the few states that apply inverse condemnation to incidents caused by utility equipment, such as power lines.
You can file a claim against a utility company, even if they were not negligent, when their equipment causes damage to your property.
Property owners have the right to seek compensation for unjust damage to their properties. Taking action now can help you secure your and your family’s future.