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Inverse Condemnation Litigation

Inverse Condemnation Lawsuit

Legally Edited by: Ethan A. Flint Attorney & Flint Law Firm Partner

Last modified: FEBRUARY 12, 2021
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Inverse condemnation is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the Fifth Amendment of the Constitution.

Inverse Condemnation Litigation

Takings law seeks to prevent the government "from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole."

In almost every situation in which governmental conduct causes untoward impacts to private property, the government is liable for "taking" the private property under the Fifth Amendment of the United States Constitution. Takings litigation, therefore, is the principal manner for private citizens to secure the rights of private property from the government.

What is Inverse Condemnation?

Inverse condemnation is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the Fifth Amendment of the Constitution. When this happens, the property's owner must sue the federal government in the United States Court of Federal Claims in Washington, D.C., to obtain the required just compensation.

The taking can be physical (e.g., land seizure, flooding, retention of possession after a lease to the government expires, deprivation of access, removal of ground support) or it can be a regulatory taking (when regulations are so onerous that they make the regulated property unusable by its owner for any reasonable or economically viable purpose).

Involved in a Inverse Condemnation Litigation?

The lawyers at the Flint Law Firm have extensive experience litigating in inverse contamination claims at the United States Court of Federal Claims, and are extremely familiar with the Court and its judges.

Our dedicated team of lawyers will help make your compensation process simple. There are no upfront fees and no out of pocket expenses. Time to file a claim is limited so call us today at (866) 438-6781 for a free consultation.

Adrianne Andrus

Reviewed by:  Adrienne Andrus
Chief Editor of Flint law Firm LLC
Client Advocate & Product Liability Paralegal since 2015.
Bachelor of Arts Degree in Communication, SIU Edwardsville

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