Inverse Condemnation in the United States

Inverse Condemnation

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled INVERSE CONDEMNATIONThe course of action which a property owner may pursue against a governmental defendant to recover the just compensation guaranteed by the Fifth and fourteenth amendments when the defendant, without initiating an eminent domain proceeding, “takes” private property is called
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Inverse Condemnation by Physical Invasion

This section discusses generally the subject of Inverse Condemnation by Physical Invasion, how to determine the facts essential to Inverse Condemnation by Physical Invasion, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.