Inverse Condemnation

Inverse condemnation is one of the two basic procedural devices for enforcing the rule of California Constitution, Article I, Section 19, that private property may not be taken or damaged for public use without just compensation having first been made to the owner.

An action for inverse condemnation requires that the government compensate a private landowner for any damage to his or her property which was caused by a public work.

"When a public use results in damage to private property without having been preceded by just compensation, the property owner may proceed against the public entity to recover it. Such a cause of action is denominated 'inverse condemnation.'" -Breidert v. South Pac. Co (61 Cal.2d 659, 663, fn. 1)

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