Experienced Lawyers Handling Inverse Condemnation
What is inverse condemnation? Although the name might sound complicated, the concept is pretty simple. Inverse condemnation is a lawsuit by a landowner against the government for taking or damaging property. It is similar to eminent domain in that it involves the government taking of privately owned land.
If you have had your land hindered or taken by a government entity, you deserve to be compensated. Our attorneys can help you bring an inverse condemnation lawsuit to make sure you get the compensation you need. At Palmieri, Hennessey & Leifer, LLP, our lead attorneys have more than 30 years of experience working together on inverse condemnation and related claims. We take a thorough, professional approach that focuses on making sure our clients understand their rights and obtain maximum compensation for their property.
Causes Of Inverse Condemnation Claims
Inverse condemnation claims can arise out of a number of different government actions, including:
- An actual property taking: If the government actually takes and uses property that you own for its own purposes, you are entitled to compensation for that land as well as the decreased value of the land you still own. A common example of this in recent years is the taking of portions of land for underground piping.
- Land use and zoning regulation changes: If the regulations on your property are such that you cannot use the property for its intended use, that is akin to a taking, and you can receive compensation through an inverse condemnation claim. These situations often lead to regulatory taking claims.
- Hindered access or use: If the government creates a restructure or reroutes the roadways in such a way that makes reasonable access impossible, this could be cause for inverse condemnation proceedings.
- Other issues: If the government builds a sewage plant adjacent to your property, it will greatly reduce the value and use of your property.
All of these are the same issues that occur in eminent domain cases. Both eminent domain and inverse condemnation claims involve a government taking of property and the landowner obtaining compensation for that taking. The major difference is that in inverse condemnation claims, the government has taken the land without an offer of compensation or an eminent domain hearing. So the landowner brings a lawsuit for inverse condemnation in order to obtain the compensation that the government should have provided in an eminent domain claim.
We Have The Knowledge And Experience To Help You
Call on our lawyers to understand the best way to proceed and to get the help you need throughout the legal process. Call us at 949-652-2622 or fill out our online contact form. We offer free initial consultations, so there is no financial risk in talking with an attorney from our team.