10 Things You Should Know About Inverse Condemnation and Regulatory Takings
1. "Inverse Condemnation" happens when the government takes or damages your property without filing suit or paying you just compensation. This can occur in several ways such as over-staying a lease, denying access to property, physically taking land, or taking action that damages your land in some way.
2. Inverse condemnation can also occur when the government places unreasonable restrictions or regulations on the use of your land. This is referred to as a "Regulatory Taking".
3. The Fifth Amendment of the U.S. Constitution and Article I, Section 17 of the Texas Constitution guarantee that no person may be deprived of property without due process of law. They further provide that private property may not be taken for public use without "just" or "adequate" compensation.
4. "Eminent Domain" is the inherent power of the government to take private property for public use.
5. "Condemnation" is the legal process by which the property is taken.
6. Eminent Domain only gives the government the right to take private property for legitimate public use. This can include creating public roads, parks, schools, libraries or providing utilities such as electricity or water. In limited circumstances, the government can also take property that is deteriorated to the point of posing a public safety hazard.
7. A normal Eminent Domain case is initiated by the government.
8. In a case of Inverse Condemnation, the landowner (not the government) initiates the legal action. The landowner alleges that the government has obtained an interest in, damaged, or placed unreasonable restrictions on, the landowner's property without paying just compensation to the landowner.
9. Regulatory Taking can occur when the government denies variances or permits, imposes restrictions or otherwise denies the landowner practical use of their property.
10. Not every government limitation on the use of property amounts to inverse condemnation or a regulatory taking. These cases are usually more complex than a normal eminent domain case. It is important to consult with an inverse condemnation/regulatory takings attorney to review you situation and your options.
For more detailed information on Texas eminent domain, visit http://guides.sll.texas.gov/eminent-domain. For information on Texas versus national eminent domain law, visit http://agrilifecdn.tamu.edu/texasaglaw/files/2017/04/A-Survey-of-Eminent-Domain-Law-in-Texas-and-the-Nation.pdf. You can also see our list of 10 Things You Should Know About Eminent Domain at https://www.davidtoddlaw.com/practice_areas/eminent-domain-condemnation.cfm.
If you value or use of your land has been damaged or unreasonably restricted by government action, contact us today for a free case evaluation. Discuss your situation and your options with Austin, Texas inverse condemnation and regulatory takings attorney David Todd and discover the difference we can make in helping you obtain full compensation for your property. Learn how to avoid common mistakes that can compromise your case. Let us protect your rights and help put you obtain full value for your property.
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