Some projects for public benefit lead to the forced sale of real estate. Individuals and businesses may be subject to condemnation proceedings under California's eminent domain statutes. Those owners may not be the only ones negatively impacted by the project. Those...
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Inverse Condemnation
Inverse condemnation in California: When rules harm your property
Owning property in California comes with opportunities — but also challenges. Government rules and projects often aim to protect the public or the environment. But sometimes, these actions go too far. When rules seriously limit how you can use your land or lower its...
Signs you may have an inverse condemnation claim in California
In California, property owners are protected by constitutional principles that require just compensation when public projects or government actions place an unfair burden on individual landowners. Recognizing the signs of a potential inverse condemnation claim can...
What situations can result in inverse condemnation?
Government projects often benefit communities but they can also harm individual property owners. In California, you can file an inverse condemnation claim if the government takes or damages your property without starting formal eminent domain proceedings. When...
Understanding inverse condemnation in natural disasters
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...
Why public projects may result in inverse condemnation claims
Projects for the public good generally have a net positive impact on a community. The expansion of roadways, the installation of utility infrastructure and even the development of parks can result in positive consequences for property owners and community members....
Is the government giving me a good deal on my property?
Southern California's continued growth means more public infrastructure projects affecting private properties. From highway expansions to flood control systems, these projects can help improve people's lives. However, they can also damage your property or reduce its...
Highway noise and pollution: Can California homeowners seek damages?
Living near a highway in California can come with unexpected challenges. As traffic increases, so do noise levels and air pollution. While it does not physically damage your property, it may still greatly affect your property’s value, as well as your quality of life....
Why projects for public benefit may lead to inverse condemnation
Civil court proceedings related to real estate are common in eminent domain scenarios. When local or state authorities plan large projects for the public benefit, their actions may affect the rights of individual property owners nearby. Property owners may receive...
When can property owners file for inverse condemnation in California?
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...

