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
Is Government Delay an Unconstitutional Taking of Private Property?
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