Barry A. Ross Eminent Domain Law Blog on Lawyers.com

· Inverse Condemnation

            Inverse condemnation is the opposite of eminent domain.  Inverse condemnation occurs when the government engages in some activity which diminishes the usefulness and value of the property.  The property or business owner requests the government to compensate for the loss of use and loss of value of the property or business.  Inverse condemnation can arise in a variety of situations.  The government constructs an airport next to the home, and airplanes fly over the home causing the home to shake and the occupants’ nerves to rattle.  The government realigns the streets in such a way that business patrons are not able to access the business as easily as before.  The government makes repeated announcements year after year that it is planning to condemn the property or business and then fails to do so.  The repeated announcements depress the value of the property or business.  No one wants to buy the property or business because of these announcements. 

            Or the government changes the zoning of the property from single family residential to agricultural.  The property owner may use the property to grow vegetables, but the property owner cannot construct a residence.  This is called downzoning.  There has been much litigation over downzoning.  The usual problem with inverse condemnation is that the government does not consider that it damaged the property or business.  The government contends that it is simply regulating the use of the property or business.   The property or business owner must convince the government and especially the judge or jury that the government’s action with regard to the property or business is unreasonable. 

For more information on Eminent Domain, Real Estate Law and Homeowner Association law, contact Barry A. Ross, Esq. at 949-727-0977; e-mail at rossbarry@aol.com; or visit our website at www.rossrealestatelaw.com.