While it seems improbable that a government entity can use part of your land without using eminent domain or compensating you, it does occasionally happen. If property has been acquired without the use of condemnation proceedings, the law provides relief in what is called inverse condemnation. Inverse condemnation occurs when the government takes property and intentionally or accidentally fails to bring a condemnation action in court that would require compensation to the owner.
Protection of the property owner is the primary concern of the lawyers at Denlow & Henry. Call or e-mail us today.
The most obvious form of inverse condemnation is when the government physically builds a project, such as a road, on your property. However, inverse condemnation is not limited to the physical taking of property. It can occur when the government creates a nuisance, such as building a sewer treatment plant or airport near you that interferes with the quiet use and enjoyment of your property. Or, the government can pass a regulation, such as a zoning ordinance, that deprives you of the economic use of your property. Simply put, these actions have negative impacts on the value of your property for which you may be entitled to compensation.
At Denlow & Henry, we have experience successfully representing the rights of property owners wrongfully deprived of their property rights by the government. We have been involved in some of the largest inverse condemnation matters in Missouri and pioneered class action claims as a tool to force government accountability in inverse condemnation situations.
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