Inverse Condemnation

Government Caused Property Damage

On occasion a governmental entity will cause damage to a property or property right, or even occupy a property without first offering to lease or purchase it, or going through the legal process of condemnation. Action to recover fair compensation for damage caused by government action or such illegal “taking”, or to regain possession, is referred to as inverse condemnation.

That phrase is often used to describe the illegal governmental action itself.

 Quoting the language of the Constitution and Property Code may do little to express how frustrating the process can be to an owner, pitted alone against a governmental entity, but there is a body of case law supporting property owner’s rights against governmental entities.

Private property may be damaged by inverse condemnation through a variety of -means. Each situation must be separately evaluated for potential for success. The more common owner complaints include:

Water and flooding problems caused by governmental action or inaction

• Landslides and Compromises to adjacent or subjacent land support
• Certain types of limitations of access or view Occupation of your land by the government
• Damages caused by a regulatory taking

Avant & Mitchell, LP
1301 Nueces St. Suite 200
Austin, TX 78701

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