Physical Takings, Inverse Condemnation

Physical Takings, Inverse Condemnation

Physical takings is the most serious form of condemnation in eminent domain situations. In most cases, a physical taking is handled in the correct manner, especially in regards to taking a portion or all of a property from the owner for public use.

However, there are certain situations where the property owner may have restrictions placed on the property without a declaration. This type of scenario is treated as a physical taking and must meet the same rules and regulations. Some examples of physical takings include the following:

  • Seizure of land and/or buildings
  • Depriving owner of access to and from property
  • Removing ground support
  • Flooding

What Inverse Condemnation Does for the Property Owner

It’s important to understand that an inverse condemnation case will not remove the restrictions or return the property back to the owner in most situations. However, it will provide for fair compensation to the owner for the loss of the property.

The challenge is in determining the value of the property or the loss of income from the property that has been taken. Takings of partial property may be more difficult to settle because of the complexity of the situation.

Often an appraisal is done to determine value, so the condemning authority can make an offer. However, if the appraisal was low or no declaration was done, the offer may be unfairly low. The property owner has the option to bring an inverse condemnation lawsuit against the condemning authority to receive what would be considered reasonable compensation.

It is important for the property owner to hire an experienced eminent domain attorney with a record of successfully resolving inverse condemnation cases. They can move the process along with the goal of providing the property owner with a resolution which will allow them to move forward in spite of the loss of their home or business property.