What Is Inverse Condemnation in Texas? – All You Need To Know

Inverse condemnation protects property owners from unlawful actions by the government, particularly when it comes to seizure or destruction of property. Inverse condemnation means that the state destroys or acquires property without paying proper compensation, or even making a claim for possession of the property. Knowing how this process works in Texas can help landowners fight for their rights if they are treated unjustly.

Understanding Eminent Domain

To understand inverse condemnation, it is essential to understand eminent domain first. Eminent domain allows the local, state, or federal government to purchase private property in order to build public property such as schools, parks, or highways. No private property can be confiscated for public use without just or proper payment to the owner.

This ensures property owners are fairly compensated for the loss of their assets. In a standard eminent domain case, the state begins by providing an award of compensation based on its belief in the property’s market value. The property owner can either take the offer or refuse it, claiming that the government sold the property at an unfair price.

What Is Inverse Condemnation?

Inverse condemnation, unlike eminent domain, occurs when the state acquires or destroys private property without first pursuing eminent domain, and without first paying compensation. In such situations, the burden of proof is on the landowner to file a claim against the government for what it owes.

Property seizure and destruction occur when the government occupies or damages land for public works, such as road widening or flood control. Physical appropriation means the government seizes private property for the public good, such as drilling pipelines or powerlines.

Regulatory takings occur when the government restricts property rights to the extent that the landowner can no longer effectively use them, such as under zoning regulations.

Exactions, which occur when a state demands exchanges such as money or land in return for permits or development licenses, can also happen.

How to Prove Inverse Condemnation

In order to file an inverse condemnation claim, property owners must provide proof that it occurred. First, they must prove that they had ownership of the property. This can include a deed, tax records, or a mortgage. The property owner must then show that the government caused the seizure.

Next, the property owner must show that there was a significant change to their property, such as damage, devaluation, or removal. A property owner can show that the land is no longer usable due to the change. Finally, the property owner must link the government’s actions to the damage or loss. There must be a direct link between the two to prove inverse condemnation.

If these prerequisites are proven, the court may order the government to compensate the property owner for their losses.

Examples of Inverse Condemnation Claims

A property owner may have the right to an inverse condemnation claim, even if the property was not directly taken from them. One example of inverse condemnation is flooding from public projects. This could happen if the government re-routed water lines that caused regular flooding into the homes in a neighborhood. The property owner could claim that their home is now unusable.

New infrastructure projects are another type of claim, such as the addition or expansion of airports, highways, or railroads can increase noise pollution, making private property less enjoyable for the owners.

Loss of access to a person’s home can be grounds for an inverse condemnation claim. Property owners may have difficulty accessing their own property due to restructures or road closures.

If there are zone changes or other regulations implemented, these can potentially cause the land to be unusable. For example, if the land is later declared to be a protected area, this can prohibit construction and the property owner can argue that this is regulatory taking.

Understanding Your Rights

There is a provision in Texas that states that landowners are required to be compensated when their property is taken or damaged by the government for public use. Inverse condemnation also gives property owners a means of filing a claim when the state bypasses formal eminent domain or fails to compensate.

A lawyer experienced in inverse condemnation can help property owners by evaluating the validity of their claims, gathering evidence to prove government liability, and calculating fair compensation.

FAQs

Q: What Are Some Common Types of Inverse Condemnation?

A: Inverse condemnation can happen through taking private property and using it for public use. Exactions are another way. This happens when the government demands money or other items in exchange for approval. Restrictive regulations, also known as regulatory takings, happen when a government entity restricts requirements so tightly that the property owner is unable to use their property for its desired use.

Q: What Is the Meaning of Inverse Condemnation?

A: Inverse condemnation is when the government acquires or destroys private property for public purposes without initiating formal eminent domain proceedings or delivering fair compensation. This is where the property owner must file a claim to recover damages for the depreciation or use of the property due to the government’s actions.

Q: What Is the Difference Between Direct and Inverse Condemnation?

A: Direct condemnation occurs when the state officially uses and invokes eminent domain, initiating proper legal proceedings and paying the property owner for the land. Inverse condemnation, on the other hand, is when the government seizes or destroys a property without any formal action or payment, leaving the owner to recover the costs.

Q: What Is an Example of Inverse Condemnation?

A: An example of inverse condemnation is when a government project or re-routing of a water source causes homes in the area to experience constant flooding. If the government did not properly compensate the owner or formally purchase the property, the owner may file a claim against the government entity to compensate for the loss in property value.

Q: What Is the Remedy for Inverse Condemnation?

A: The remedy for inverse condemnation is compensation, sometimes referred to as just compensation. This is intended to pay for the fair market value of the property, loss of use, or harm resulting from government actions so that the owner of the property is compensated according to the law. An attorney can help you seek this compensation.

Texas Inverse Condemnation Attorney

If your property has been improperly seized or damaged due to actions from the government, you may be entitled to compensation. Alagood Cartwright Burke PC can help. Contact us today for more information.