Many people don't want the government to take their property under eminent domain. In fact, many people will bitterly fight the taking in court, doing everything they can to preserve their property, which may include their home or their business.
However, sometimes, property owners find themselves in the unlikely position of trying to convince the government to take their property under eminent domain. When the government damages private property without filing an eminent domain taking or without paying just compensation, the property owner may sue the government to take the property under eminent domain in a proceeding known as "inverse condemnation."
Some examples of situations that might prompt inverse condemnation include:
- Waste or runoff from a government project pollutes farmland or other property, effectively condemning the property without just compensation.
- The city pays compensation for a partial taking of a business property for road widening, but the project effectively kills business by taking up its entire parking lot and limiting customer access.
- The Department of Transportation occupies private property for a construction project but fails to provide compensation for a temporary taking.
- The government effectively enacts a "regulatory taking" by passing rules that damage the value of the property, such as restrictive zoning regulations or the denial of building or demolition permits.
- Noise from an airport or small base constructed nearby effectively devalues private residential property.
Inverse condemnation can result from any situation in which the government directly or indirectly occupies or damages property but does not provide just compensation. The taking may affect only a small portion of the property, but the damage can be so great that it effectively condemns the entire property.
North Carolina Condemnation Lawyers
Inverse condemnation proceedings can be very complex, and property owners should hire an experienced North Carolina condemnation lawyer to help guide them through the process.
At the North Carolina Eminent Domain Law Firm, we have experienced condemnation lawyers who have worked for the government on eminent domain proceedings. Find out if our eminent domain lawyers can put their experience working for "the other side" to work for you by calling 1-877-393-4990 and getting a free case evaluation.
Our firm works on a contingency fee basis, which means that if we don't get you any additional compensation over what the government has offered you, we don't collect an attorney's fee. In many cases, if you successfully sue the government for inverse condemnation, the government will be responsible for your legal fees and related costs.