Featured News 2014 What is Inverse Condemnation?

What is Inverse Condemnation?

Inverse condemnation occurs when a public project, such as road building or fracking, causes property damage to a privately owned location without payment of just compensation. Also, if the public project results in the property being taken, or damage, then this can be considered inverse condemnation. If the property is occupied by new residents as a result of the public project, this is another form of inverse condemnation.

Inverse condemnation can constitute a variety of different damages. One of the most common is flood damage. For example, if the city is re-routing underground water piping, and the construction crew damages a pipe, it may cause a flood. If that water seeps into your home, causing carpet damage and ruining your furniture, then you may be able to claim inverse condemnation.

Another is land subsidence. If the ground is altered so that the foundation of your home begins sinking downwards, you have the right to claim inverse condemnation. As well, the loss of adjacent or subjacent support can cause an inverse condemnation case. For example, if your home was sandwiched in-between two others and both of them were knocked down in order to build new models. Then the adjacent support may damage your home. In this case, you may be able to claim inverse condemnation.

Lastly, physical occupation of a property, even if there is no property damage, can be inverse condemnation. This occurs when occupants were not invited and instead insisted on living without permission in a home. The loss of property value can also be an issue if the government lays claim to the property but then does not act on that, causing the value of the land to drop for the current owner.

In some cases, the government will promptly offer compensation for any damages, but in other situations the government may withhold any payment to the wronged property owner. If you have been wronged by the government, you need to seek financial assistance with the help of a real estate layer.

You will want an attorney to help you develop a course of action to counter inverse condemnation and establish liability and damages. Inverse condemnation cases can be tricky, especially if they involve earth movement. You will not want to pursue compensation under the inverse condemnation laws by yourself. There are typically two phases in an inverse condemnation trial.

A judge will decide legal issues, such as liability, and a jury will decide valuation and determine damages. If you believe that you might have an inverse condemnation case and would like to establish government liability, hire a real estate attorney today! Use this directory to locate a real estate attorney that can help you with your case!

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