In cases of inverse condemnation, a government agency takes, limits the use of, or damages a portion of your property, but has not exercised eminent domain.
Even though eminent domain has not been exercised, it does not mean that you do not still have substantial losses from these actions. You still have the right to be compensated for your losses.
You have the same rights afforded to you as with eminent domain, even though the process is a bit different.
Keep in mind you are still suffering losses due to the actions of a government agency that needed to use or limit your use of your land. This can be just as stressful and time consuming as eminent domain, and having an attorney available to get you through this is your constitutional right.
In an inverse condemnation claim, it is the property owner who files a lawsuit against the governmental entity to recover the loss of their property value.
An inverse condemnation claim can occur either as a result of a physical invasion of property or by a regulation limiting the use of the property.
Examples of inverse condemnation include:
- Flooding of property
- Substantial loss of access
- An exaction or forced dedication of property
- A continuing trespass where the owner’s land is put to a public use (a road, park, drainage ditch, etc.).
The taking does not need to be permanent; even a temporary taking can give rise to an inverse claim.
It is your right in the state of Florida to be properly represented and at no cost to you. If you are being affected by inverse condemnation, please contact us today for a free consultation.