Inverse Condemnation: An End Run Around the Legal System
While it seems improbable that a government entity can take part of your land without initiating eminent domain or compensating you, it does occasionally happen. If property has been acquired without the use of eminent domain 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.
Knowledgeable Inverse Condemnation Attorneys In Missouri
Denlow & Henry has experience successfully representing 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 we pioneered class action claims as a tool to force government accountability and the payment of damages in inverse-condemnation situations.
The most obvious form of inverse condemnation happens when the government physically builds a project, such as a road, on your property and fails to use eminent domain. 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 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 sometimes have negative impacts on the value of your property for which you may be entitled to compensation.
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There is no charge for an initial consultation to discuss your situation. Our telephone numbers are 314-725-5151 or 888-566-5151. Ask to speak with an attorney in our office. You can also contact us by e-mail. All communications between you and the members of our firm are confidential.