inverse condemnation

inverse condemnation
in·verse condemnation /'in-ˌvərs-/ n: an action brought against the government by a landowner to obtain just compensation for a taking of property effected without a formal exercise of eminent domain; also: the taking alleged in such an action

Merriam-Webster’s Dictionary of Law. . 1996.

inverse condemnation
The taking of a portion of property by a government agency which so greatly damages the use of a parcel of real property that it is the equivalent of condemnation of the entire property. Example: the city of Los Angeles widens a boulevard and thereby takes the entire parking lot of Bennison's Market. The city offers to pay for the lot, but Bennison claims the market has lost all its business since no one can park and wants the value of the entire parcel, including the market building.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

inverse condemnation
n.
   the taking of property by a government agency which so greatly damages the use of a parcel of real property that it is the equivalent of condemnation of the entire property. Thus the owner claims he/she is entitled to payment for the loss of the property (in whole or in part) under the constitutional right to compensation for condemnation of property under the government's eminent domain right. Example: the city of Los Angeles widens a boulevard and thereby takes the entire parking lot of Bennison's Busy Bee Market. The city offers to pay for the lot, but Bennison claims the market has lost all its business since no one can park and wants the value of the entire parcel, including the market building.
   See also: condemnation, eminent domain

Law dictionary. . 2013.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • Inverse condemnation — is a term used in the law to describe a situation in which the government takes private property but fails to pay the just compensation required by the Constitution. In order to be compensated, the owner must then sue the government. In such… …   Wikipedia

  • inverse condemnation — An action brought by a property owner seeking just compensation for land taken for a public use, against a government or private entity having the power of eminent domain. It is a remedy peculiar to the property owner and is exercisable by him… …   Black's law dictionary

  • inverse condemnation — An action brought by a property owner seeking just compensation for land taken for a public use, against a government or private entity having the power of eminent domain. It is a remedy peculiar to the property owner and is exercisable by him… …   Black's law dictionary

  • inverse condemnation — The taking of property by an actual interference with or disturbance of property rights, without an actual entry upon the property. 26 Am J2d Em D §§ 157 et seq …   Ballentine's law dictionary

  • condemnation — I (blame) noun accusation, animadversion, ascription, attack, castigation, censure, charge, chastening, chastisement, chiding, complaint, condemnatio, criticism, denigration, denunciation, deprecation, derogation, disapprobation, disapproval,… …   Law dictionary

  • inverse — I adjective antipodal, antipodean, antithetical, contrary, converse, conversus, diametrically opposite, inversus, inverted, opposite, reverse, reversed, transposed, turned about associated concepts: inverse condemnation, inverse discrimination II …   Law dictionary

  • condemnation — /kondamneyshan/ Process of taking private property for public use through the power of eminent domain. Just compensation must be paid to owner for taking of such (5th Amend., U.S. Constitution). See also constructive taking damages eminent domain …   Black's law dictionary

  • condemnation — /kondamneyshan/ Process of taking private property for public use through the power of eminent domain. Just compensation must be paid to owner for taking of such (5th Amend., U.S. Constitution). See also constructive taking damages eminent domain …   Black's law dictionary

  • Regulatory taking — refers to a situation in which a government regulates a property to such a degree that the regulation effectively amounts to an exercise of the government s eminent domain power without actually divesting the property s owner of title to the… …   Wikipedia

  • Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City — SCOTUS Infobox Litigants=Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City ArgueDate=February 19 ArgueYear=1985 DecideDate=June 28 DecideYear=1985 FullName=Williamson County Regional Planning Commission, et al., v.… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”