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Inverse condemnation is a term which describes a claim brought against the government in which a property owner seeks compensation for a `taking' of his property under the Fifth Amendment. In states that prohibit uncompensated taking or damaging, physical damage to property is included in this definition.
Condemnation via eminent domain indicates the government is taking ownership of the property or some lesser interest in it, such as an easement, and must pay just compensation for it. After the condemnation action is filed, the amount of just compensation is determined in trial.
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil ...
This was a new one: The U.S. Department of Justice (DOJ) argued that confiscating $50,000 from a small business did not infringe the business' right to private property because money is not property.
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
Nov. 17—The rail agency's planned condemnation of property at 1829 Dillingham Blvd. also will force a nearly 60-year-old business to relocate. The Honolulu Authority for Rapid Transportation's ...
An Act to authorize the condemnation of lands for sites for public buildings, and other purposes (25 Stat. 357), commonly known as the Condemnation Act or the Act of August 1, 1888, is a federal statute adopted by the 50th United States Congress and signed into law on August 1, 1888, which authorizes federal officials to seek eminent domain condemnation of land for the purpose of erecting ...