Inverse Condemnation
Overview
We have extensive experience defending public entities from all types of inverse condemnation claims.
Generally, these claims (where a landowner asserts a public entity has taken his or her property without paying just compensation) can be divided into three categories:
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Physical taking claims that allege a public entity’s project caused a physical intrusion onto a landowner’s property;
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Regulatory taking claims that allege a public entity’s land use decision deprived a landowner of all economically viable use of his or her land; and
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Klopping claims that allege a public entity engaged in “unreasonable precondemnation delay or conduct” that caused precondemnation damages to a property before it commenced eminent domain proceedings to acquire that property for a public project.
In addition to defending against such claims, we routinely advise public entities during the eminent domain process as to how to avoid facing such claims in the future.