Obtaining Compensation In Inverse Condemnation Claims In California
Inverse condemnation is a lawsuit from an individual property owner against the government for taking or damaging of property. It is related to eminent domain; they both involve the government taking land for public use and the compensation the landowner should receive for this taking.
At Palmieri, Hennessey & Leifer, LLP, we use our 30-plus years of legal experience and knowledge in handling cases involving government land takings in eminent domain, lawsuits for inverse condemnation, and a range of other property and business-related matters. Serving clients throughout Southern California from our main office in Irvine, our legal team takes a professional and thorough, comprehensive approach. We will make sure all of the details are covered so you can obtain the compensation you deserve.
California Inverse Condemnation
Article One, Section 19 of the California Constitution states, “Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.” This constitutional provision provides the foundation for the exercise of eminent domain or direct condemnation actions—where the government initiates a taking of private property for public use. It also provides property owners the right to initiate an action against the government to obtain compensation in the event a public improvement takes and/or damages private property.
Inverse condemnation is the flip side of eminent domain. Any injury to real property proximately caused by a public improvement as deliberately designed and constructed is compensable under Article 1, Section 19 of the California Constitution. The fact that the government was not negligent in carrying out the project or that the injury was not foreseeable does not necessarily defeat an inverse condemnation claim.
If you think you have a claim for inverse condemnation, contact Palmieri, Hennessey & Leifer, LLP. Our lawyers keep up to date on the changing laws in California. We know how to assess your case and, if possible, help you obtain compensation for damage or loss to your property value as a result of government improvements.