In the context of eminent domain, what is the point at which property value is considered diminished due to adjacent public use?

In the context of eminent domain, the term that refers to the situation where property value is considered diminished due to adjacent public use is termed "inverse condemnation." This occurs when a property owner believes that their land has been effectively taken by the government without formal condemnation proceedings. This influence can come from various public uses, such as construction of highways, railways, or other public infrastructure, which may negatively impact the property's value.

While condemnation is the formal process by which the government seizes private property for public use, inverse condemnation deals with circumstances where the decrease in property value is not a result of a direct acquisition but rather indirect effects caused by nearby public projects. Public utilities are essential services provided by the government or private entities, and tax assessment refers to the determination of property value for taxation purposes. Neither of these concepts directly addresses the diminished value of a property due to adjacent public use, which is why inverse condemnation is the most appropriate term in this scenario.