Governments may sometimes take actions that limit the use of your property. Typically, when the government plans on taking your property for a public purpose they institute a condemnation action using their powers of eminent domain. A more insidious inverse condemnation example is when the government action does not produce an obvious taking, such as acquisition of your land to build a road, but nonetheless significantly impacts the landowner’s property value. In these instances, a Kentucky landowner may bring an inverse condemnation lawsuit to hold the government accountable for the limitations they have created on your property.
Inverse condemnation may be a direct, physical taking of or interference with real or personal property by a public entity. For example, inverse condemnation actions have been successfully brought in the following situations:
• Where government construction caused flooding on property
• Where government construction caused sewage to escape on property
• Where government construction cause interference with land stability
• Significant interference with access to property
What are the unique issues that face commercial property owners in condemnation that can make all the difference?
LEARN MORELandowners forget this one thing when dealing with utility companies that want an easement across their land.
LEARN MOREWhat you need to know to be treated fairly by the condemning authority.
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