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Real Estate

Inverse Condemnation Litigation

Condemnation is the process whereby the government initiates lawful proceedings for the taking of private property. In order to take private property, the government must pay “just compensation.” If the government takes private property without initiating condemnation proceedings or paying fair compensation, you may file an action for inverse condemnation.

What some people fail to realize is that if the government has taken any action which has significantly reduced the market value of your real estate, you may, depending upon the circumstances, have an action for inverse condemnation.

Inverse condemnation litigation a process to force the government to exercise condemnation proceedings when it has failed to do so. It requires a showing that there has been a taking of private property for public use or benefit.  The circumstances under which an inverse condemnation action will lie are countless. There does not actually need to be a direct taking. Examples of circumstances leading to inverse condemnation actions include odors from landfills, flooding of private property caused by actions of the government, and adoption of ordinances affecting use of private property.

For an evaluation of whether the government’s actions affecting your property could support an inverse condemnation action, you need to speak with a knowledgeable attorney.  For more information, contact RICE & ROSE at 386.257.1222.

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