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...
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Inverse Condemnation
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...
Understanding eminent domain, condemnation, and inverse condemnation
The prospect of losing land in California is always a matter of controversy. This type of seizure can happen for many reasons. It can also take a number of forms. In many cases, a seizure may take the form of eminent domain, followed by condemnation, or inverse...
Determining cost and liability for inverse condemnation
Inverse condemnation is an illegal process in which a state or federal government takes away a person's private property without proper compensation. The 5th Amendment of the U.S. Constitution allows the seizure of private property in exchange for just compensation. A...