Eminent Domain Attorney in Los Angeles, California

What is inverse condemnation?

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Inverse condemnation is a situation where the government generally comes out you in two different ways. Number one,
the first way might be they actually take possession of your property, which is called a traditional inverse condemnation. They come in, they don’t
pay you ahead of time, they’re on your property, and they proceed to use it.
And so the property owner rather than being sued in a direct condemnation case is the plaintiff and sues the government
for this taking of its property without their consent. Alternatively, inverse condemnation can arise because of what’s
called a regulatory taking where the government through zoning or planning or other rules basically prevents or
impacts the property owner from using the highest and best use of its property. And uh there’s substantial
case law on that that gets very complicated but basically if the government takes away all use of the property that can be a regulatory taking
for which compensation must be paid by the government.

Los Angeles, CA commercial litigation attorney Kevin Brogan talks about inverse condemnation.

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