What Is Inverse Condemnation?
Condemnation is the legal process the government uses to take private property, or certain property rights, for a public purpose through its power of eminent domain. Inverse condemnation is a remedy property owners can use when the government damages or takes away property without initiating formal condemnation proceedings. If found in this situation, an inverse condemnation attorney can help property owners seek the compensation they are entitled to under the law.
Has Government Activity Damaged Your Property?
Change and progress aren’t always a good thing when it comes to your property. Even if a government development project doesn’t directly affect your land, it may still cause significant damage or interfere with your property rights. If that happens, the government may be required to compensate you.
Flooding and Drainage
Access Restrictions
Pipeline
Utilities
Structure Damage
Environmental Contamination
In this situation, the property owner has the right to take legal action against the government with the help of an inverse condemnation lawyer. A lawyer with knowledge of inverse condemnation law may be able to recover either compensation for the lost property or property right, or, in some instances, whatever land or right was originally acquired.
A landowner might also initiate an inverse condemnation action if the government has restricted use of the land (through ordinances, zoning rules, and/or other regulations) or if the landowner’s property is damaged by the government’s actions on adjacent land (e.g., flooding, removal of ground support, or other actions).
What Compensation Can Landowners Recover?
Every state has different laws defining what compensation a landowner can recover for their property when it is subject to inverse condemnation. The key thing to remember is that your property is probably worth a lot more than the condemnor’s first offer.
The important part is not to navigate the system on your own. To find real answers to what you can recover in compensation as a landowner.
Depending on your location and situation, compensation might include:
Hiring an Inverse Condemnation Attorney
Sever Walker Padgitt is the nation’s premier law firm for both eminent domain and inverse condemnation cases. With inverse condemnation attorneys located all over the country, we’re ready to represent you in any eminent domain case to help you get the compensation you’re entitled to.
2,000+
landowners helped with condemnation cases nationwide
Our Expertise
We’ve helped more than 2,000 landowners with condemnation cases involving highways, transmission lines, pipelines, and all other types. However, we do not take cases involving real estate closings, foreclosures, or landlord and tenant leases.
Our laser focus as inverse condemnation attorneys gives us an incredible track record of helping landowners gain greater compensation when the government takes their land. Contact us today for a free consultation, and to learn how our inverse condemnation lawyers can help you. Check out our What We Do to make sure your case fits our expertise.
Why Landowners Trust Sever Walker Padgitt
Sever Walker Padgitt is a powerhouse of knowledge, experience, and hard work. We’re dedicated to helping landowners across the nation stand up for their rights as property owners against government and private corporations that would take advantage of them.
Your initial consultation is always free and informative. You’ll get the information you need to understand your choices quickly and clearly.
Eminent Domain vs. Inverse Condemnation
The terms may seem interchangeable (and “inverse condemnation” is sometimes used to describe a taking that doesn’t follow proper eminent domain procedure), but they really represent two different processes depending on who is taking legal action and when.
Eminent Domain
Eminent Domain
This is the legal due process in your state when a government, or other appropriate entity, initiates the actions needed to obtain your land for public use.
Inverse Condemnation
Inverse Condemnation
This process is initiated by a property owner when the government hasn’t followed the proper legal process, has found loopholes or indirect ways to take over your property, has caused direct or indirect damage through nearby actions, or created situations that restrict your legal rights to how, when, and where you can use your property.
Do You Have an Inverse Condemnation Claim?
It’s not always easy to tell if you have become a victim of improper condemnation. If something just doesn’t seem right, it’s worth talking to a knowledgeable attorney.
Make an appointment to discuss:
Case Results
State: Indiana (Morgan County)
Case Type: Road projects
Initial Offer: $377,300
Sever Walker Padgitt Result:
$2,300,000
State: Indiana (Marion County)
Case Type: Road projects
Initial Offer: $46,160
Sever Walker Padgitt Result:
$2,400,000
State: Indiana (Johnson County)
Case Type: Road projects
Initial Offer: $301,200
Sever Walker Padgitt Result:
$3,800,000
State: Indiana (Hamilton County)
Case Type: Road projects
Initial Offer: $138,252
Sever Walker Padgitt Result:
$266,000
State: North Carolina (Guilford County)
Case Type: Road projects
Initial Offer: $251,200
Sever Walker Padgitt Result:
$340,000
State: Ohio (Lorain County)
Case Type: Road projects
Initial Offer: $296,000
Sever Walker Padgitt Result:
$575,000
What Landowners Say About Working With Our Team
When you need someone who understands the struggle to defend your land investment, Sever Walker Padgitt is on your side. Our clients are our first priority, and it shows.
A portion of my property was being bought by the State for a road expansion and I had a question about how it would affect my taxes. A very knowledgeable attorney gave a good explanation in a short telephone conversation. . . I highly recommend this firm.
My law firm worked with Phil Sever on a unique case that came with multiple roadblocks, a tight deadline, and the risk of a substantial transaction falling apart. Phil and his team were phenomenal to work with. They provided me everything that I needed (sometimes before I even had to ask). Phil’s involvement helped speed up the resolution of the case, avoid months of delays, and potentially thousands of dollars of additional expense. Would not hesitate to recommend giving him a call again.
They were amazing to work with!! Jordan was very patient answering all of my questions and keeping me up to date with the progress of my case. They were instrumental in getting me much more than the initial offer and took care of everything I needed!! They made the process much smoother than I could have ever [done on] my own. I highly recommend Sever Storey for your eminent domain process!!
What Happens After You Contact Us?
The first step to getting the answers you need is reaching out to an experienced attorney for an honest and complimentary consultation to find out how to best make the most of a difficult situation.
Start Here:
1
Contact Sever Walker Padgitt
Getting in touch with an experienced inverse condemnation lawyer should be your first step to understanding your rights. At Sever Walker Padgitt, your initial consultation is always free.
2
Property investigation
Independent investigations and the knowledge gained are key to helping you get the most compensation
3
Damage and Valuation Analysis
Every cost, direct and indirect, is carefully calculated.
4
Negotiation with Government Entity
Once all the information is gathered on both sides, negotiation can begin.
5
Litigation if Necessary
If an agreement can’t be reached, the final decisions will be made in court.
How Long Do You Have to File an Inverse Condemnation Claim?
How long do you have to respond to, or file an inverse condemnation claim? It depends on the laws in your area. On average, you could have a range of 1-5 years. That means it’s extremely important to take action as soon as you become aware of the problem.
Inverse Condemnation Cases We Handle Nationwide
Roadway projects
Utility corridors
Pipelines
Transmission lines
Flooding claims
Drainage claims
Airport expansion impacts
Rail projects
If you are facing changes to your land or property that you feel are inappropriate, seek knowledgeable legal aid right away.
Inverse Condemnation FAQs
Contact Us
Let us share our expertise before you take this case on by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.
* Disclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.