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...
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Inverse Condemnation
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...
Inverse condemnation in California
Compensation can be sought when a property's value is diminished due to any form of government action. This legal concept is inverse condemnation and this applies despite the fact that there's no physical taking of the land. The basics of inverse condemnation In...
Eminent domain vs. inverse condemnation
If the government wants to take your California home through an eminent domain claim, it must provide just compensation. However, in some cases, the government may owe you money based on actions that might rise to the level of an inverse condemnation. The burden of...
Inverse condemnation makes utility companies liable for damages
Multiple wildfires that caused substantial damage to California towns have been connected to missteps by electric utilities. Property owners rightly want compensation for damages that would not have happened if utility companies had acted with greater care. The legal...
Inverse condemnation damages
You can see inverse condemnation as the flip side of eminent domain. As outlined in California statutes, inverse condemnation can occur anytime the value of a property is diminished by the government or a utility company. The loss of property can be permanent or...