Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
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Home » inverse condemnation

Property Rights – When the Government Goes Too Far

NH Supreme Court, tax abatement, title, inverse condemnation

Most people are familiar with eminent domain. Eminent domain occurs when the government takes private property for public use, with payment to the owner. Sometimes the government takes private property without compensating the owner. This form of taking is “inverse condemnation”. Inverse condemnation can be difficult to spot because the private citizen retains fee ownership of his or her property, … Read the rest

Filed Under: General, Legislation, Real Estate Law Tagged With: Burrows v. City of Keene, government land use, inverse condemnation, Sundell v. the Town of New London

Is Government Delay an Unconstitutional Taking of Private Property?

NH Supreme Court, tax abatement, title, inverse condemnation

The legal term is this context is “inverse condemnation.”  Inverse condemnation occurs when a governmental body takes property in fact, but opts not to exercise the power of eminent domain, thus depriving the property owner of compensation.

The term also can include a governmental action that substantially interferes with, or deprives a person of, the use of his or her … Read the rest

Filed Under: General, Legislation, Real Estate Law Tagged With: 152 N.H. 729, 167 N.H. 694, inverse condemnation, Kingston Place LLC, Kingston Place LLC v. New Hampshire Department of Transportation, Pennichuck, Pennichuck Corp. v. City of Nashua

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