What We Do – Inverse Condemnation and Regulatory Takings

What We Do – Inverse Condemnation and Regulatory Takings

If you’ve been the victim of eminent domain without adequate compensation or notification, you should know the law requires the condemning authority to pay you for the property they took. We can help you obtain that compensation with an inverse condemnation order so that you can get something back for your investment.

What is Inverse Condemnation?

In an inverse condemnation case, you, the property owner, can file a court order to receive compensation for the fair market value of the property that was taken away. When the government or another entity takes away your property without compensation, they are in violation of the Fifth Amendment.

The situation can include a physical taking where the property is seized to be part of a development project or deprivation of access where an entrance was blocked into your property. It can also be a regulatory taking where rezoning now prevents you from using the property in a financially beneficial way. For example, an area may have been rezoned for commercial use, which prevents you from using your farm for agricultural purposes.

The Process

It is up to you to prove that a taking has occurred in a trial against the government or other entity. Once you are able to prove that a taking has indeed happened, a second trial will be held to determine the amount of compensation due you.

We can help you present a solid case to show the court how your property has been taken from you either physically or through restrictive regulations. We will also show how much value has been lost with this property, whether it is the land value, loss of income or other costs that are deemed to be severance damages.

Let us help you obtain the compensation you deserve for the loss of property. We will fight for your rights and protect you according to the Fifth Amendment.