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.
References in periodicals archive ?
the futility exception applies when state inverse condemnation statutes
In light of Missouri's recognition of condemnation blight and the constitutional prohibition against the taking or damaging of property without just compensation, the court determined that a claim for condemnation blight, which included the allegations of Clay County Realty, is permissive as an inverse condemnation action.
for a non-resident alien to present an extraterritorial takings claim; (3) that the Complaint fails to state a viable claim for inverse condemnation because the insurgents in fact 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.
Any facts giving rise to a regulatory takings claim can be the basis for an inverse condemnation action.
187) The court held that property owners suffering such damages may bring an action for condemnation blight under the theory of inverse condemnation.
119) Generally, the finality prong is the easier of the two ripeness prongs for a plaintiff to meet; the time and cost involved in submitting zoning applications are often low compared to an inverse condemnation suit.
Defendant next contends that plaintiff's claim should be characterized not as negligence but as a continuing and permanent trespass and nuisance, and therefore as an inverse condemnation action within N.
During inverse condemnation proceedings an appraiser is hired by the landowner to show that actions by the government have or have not destroyed or reduced the value of the property in question.
For example, if compliance with federal policy on endangered migratory fish species requires cities to impose distance set-back requirements from streams, then cities can expect to be sued by private property owners for inverse condemnation.
52) The trial court dismissed Falk's claims for reformation of the deed and inverse condemnation on summary judgment.
Tailored enhancements include failure to supply, waterborne asbestos, inverse condemnation, water/wastewater errors and omissions, first-and-third-party pollution, blanket property, SCADA upgrades, and contamination release.
The decision wrongly concludes that the applicability of inverse condemnation by California courts to privately owned public utilities is irrelevant.
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