Inverse condemnation is a unique legal principle arising from the Fifth Amendment, which requires the government to pay for property that it takes for public use. In other words, instead of the property owner voluntarily selling or donating the property, this principle forces the government to pay “just compensation” if it wishes to use the property. This legal principle has been used in various contexts under a variety of circumstances and is important for all property owners to be aware of.
Homeowner Example of Inverse Condemnation
An example of inverse condemnation in action is if an individual homeowner has a portion of their property taken by the state or local government in order to manage a public project or to use the land in a public manner. It may be to build a new highway, create a larger public park, or even widen the street for a better traffic flow. The homeowner would then be able to claim this as a form of inverse condemnation and would thereby be compensated by the government for the use of the land.
Understanding ‘Just Compensation’ for Victims of Inverse Condemnation
In order for inverse condemnation to apply, the government must provide “just compensation” for the affected property owner. This can be determined in a few different ways. The government may arrive at a financial figure based on the market value of the land, the value of the improvements on the land, or the loss in property value from the taking. This is where attorneys specializing in inverse condemnation can help property owners, as they are able to determine the just compensation that the affected property owners should receive.
Knowing Your Rights Against Inverse Condemnation
In addition to understanding inverse condemnation and the concept of “just compensation,” it is important for property owners to know their rights in the process. It is advisable to consult with an attorney specializing in inverse condemnation who can ensure that all proper steps are taken and that the affected property owner is able to receive just compensation for their property that has been taken. Understanding inverse condemnation and the “just compensation” associated with it can protect property owners’ rights and ensure that they are properly compensated.