What is the term for an action taken by a property owner to seek compensation for land taken for public use when eminent domain proceedings are not intended?

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The term for an action taken by a property owner seeking compensation for land taken for public use when eminent domain proceedings are not intended is known as inverse condemnation. This situation arises when a government action effectively deprives a property owner of the use of their property, leading to a decrease in its value, even though the government has not formally exercised its power of eminent domain.

In cases of inverse condemnation, the property owner must take the initiative to file a lawsuit against the government to obtain just compensation for the loss in value or use of their property. This legal action is rooted in the Fifth Amendment of the U.S. Constitution, which states that private property cannot be taken for public use without just compensation.

Understanding inverse condemnation is crucial for property owners as it allows them to assert their rights and seek compensation even when the government has not officially claimed their property through formal eminent domain processes. The other terms listed, such as adverse possession, condemnation proceeding, and eminent domain claim, refer to different legal concepts that do not specifically address the scenario of seeking compensation for lost property use without a formal taking.

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