inverse condemnation


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inverse condemnation

A legal doctrine holding that, in certain circumstances, where private property is destroyed or substantially diminished in value by government action, the conduct of the government is regarded as the taking of the property and the owner of the property must be compensated in fair value by the government.
McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc.
References in periodicals archive ?
Insurance lobbyist John Norwood said as long as California courts continue to interpret inverse condemnation laws as imposing strict liability on utilities for fire damage caused by their power lines, there aren't very many good options.
Nonetheless, Fitch believes the business risk profiles of PG&E is significantly weakened by the enormous increase in the size, intensity and destructive power of wildfires evident during 2017-2018, the implications of potential, vastly increased third-party liabilities under inverse condemnation and uncertainties regarding full and timely recovery of such costs.
Most disputes involving the interplay between landowner consent and inverse condemnation claims have been resolved in state courts.
In practice, inverse condemnation lawsuits are costly, complex and difficult to pursue.
compensation through a state inverse condemnation statute, she will
(52) Klopping filed an inverse condemnation action, which was also denied, claiming that the market value depreciated due to the city's pursuit of condemnation.
for a non-resident alien to file an extraterritorial takings claim; [3] that the Complaint fails to state a viable claim for inverse condemnation because the insurgents in fact were the ones who caused the destruction of the property; and [4] that Plaintiff failed to allege the elements of an express or implied-in-fact contract with the U.S.
Any facts giving rise to a regulatory takings claim can be the basis for an inverse condemnation action.
To avoid the expense and delay of an inverse condemnation suit for a regulatory taking in state court, she brings instead a substantive due process claim in federal court.
Powell points out that condemnation proceedings, including inverse condemnation proceedings, do fluctuate.
In some cases, interference by government may be so great that it constitutes "inverse condemnation" or a complete taking, even though the government does not actually seek title to the land.
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