Inverse condemnation cases generally are initiated when a property owner sues a governmental entity because some action taken by that entity causes a profoundly negative impact on the property. For instance, a governmental restriction on certain types of development can effectively render certain property worthless. This can substantially damage owners who may have longstanding plans to develop the property, because it deprives them of economically-viable use of the property.
A forced transfer of ownership is not necessary, and indeed one of the hallmarks of inverse condemnation is that the government usually does not take possession of the property permanently. While the suit in an inverse condemnation case generally begins with the property owner, this is not always the case. In the Kentucky case of Baston v.
Kenton County Airport Board , for instance, the makings of inverse condemnation arose during proceedings in a condemnation suit brought by the Airport Board for Mrs. The Airport Board attempted to buy Mrs. In , the Airport Board announced its intention to condemn the property for construction of a new runway.
Many states require the governmental body to negotiate toward a voluntary purchase of the property before pursuing condemnation. While the owner generally cannot challenge whether the condemnation will occur, challenges to the amount of compensation offered are quite common.
The owner should consider obtaining an independent appraisal but should also remember that the court will ultimately look at current fair market value. Fair market value does not take into account sentimental value, what the owner paid for the property, or debts against the property.
Condemnation. Condemnation occurs when a city, state, or federal government needs to acquire private property for roads, schools, urban redevelopment or. The Owners' Counsel of America experienced eminent domain attorneys are prepared to fight the government to defend your home, farm or investment property. Search By State. Locate an Attorney By State Locate State.
Challenging the valuation will not necessarily delay the process. Last updated December Home Ownership Contents. Home Ownership. Why to Buy. Affording a Home. Finding a Home.
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Liability to Guests on Premises. Swimming Pools. Real proeprty lawyers can also help you get the full value of your property. If your private property is under condemnation by the government and you need a real property lawyer , contact Attorney Search Network. We can help you find a real property lawyer in your area that handles condemnation cases.
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