What is inverse condemnation?

Inverse condemnation refers to a legal action taken by a property owner against a government entity. It occurs when the government has taken property without formally exercising its power of eminent domain, which is the right to take private property for public use while providing just compensation. In such instances, the property owner seeks to recover damages for the reduction in value of their property caused by government actions, such as the construction of a highway or other public projects that affect access or use of the property.

This legal concept ensures that property owners have a remedy when their property is effectively taken by the government, even if no formal condemnation proceedings have been initiated. It underscores the importance of protecting property rights against governmental actions that may diminish property value or interfere with its use.