INVERSE CONDEMNATION

There are occasions where the state, county or municipality inadvertently or through its acts or omissions take property but do not use condemnation proceedings or the exercise of eminent domain. In such cases, if the public authority does not proceed directly to condemn, the injured citizen has a right to compensation under the state constitution. The cause of action available is known as an "action for inverse condemnation".

"Inverse Condemnation" refers to the situation where property is taken or damaged by the government without first paying just compensation. This may occur with a physical taking caused by the government.  An inverse condemnation may also occur with a regulation or other restriction placed on property which unreasonably restricts its use.

To recover on an inverse condemnation claim, a property owner must establish that (1) the State or other governmental entity intentionally performed certain acts, (2) resulting in the taking, damaging, or destruction of its property, (3) for public use.  Whether particular facts are enough to constitute a taking is a question of law.