As we’ve discussed previously on the blog, eminent domain is a common occurrence in the Boca Raton area. In order to properly take private property, though, the government must demonstrate that the taking is for the public good, and it must provide the property owner with just compensation.
Those two issues can raise a whole host of complications that can lead to legal disputes, but they certainly aren’t the only legal issues in this realm that property owners could face. After all, what happens if the government’s actions, outside of an actual physical taking, negatively impacts an individual’s use of his or her property? Or what if the property value significantly reduces due to the government’s actions? Read on to learn more.
Has your land been subjected to inverse condemnation?
While the eminent domain process is initiated by the government when it seeks to take property, inverse condemnation is a process that is undertaken by a property owner after the government has essentially taken his or her property without following proper eminent domain protocols. Here, the government somehow, either through physical possession, damage, or deprivation of a right, takes or severely limits a landowner’s use of the property. It’s important to note that inverse condemnation can be temporary in nature, too, which means that you might be justified in taking legal action even if the limitations placed on or damages caused to your land is limited in scope.
Regulatory inverse condemnation
While a physical taking or physical damage absent the eminent domain process may be considered inverse condemnation, so, too, can statutes and regulations that go too far and reduce or eliminate your economic use of the land, devalue your property, or otherwise cause damage to your land. For example, a new ordinance or zoning regulation may prevent you from performing the business operations that you have engaged in for years, or a new statute may prevent you from rebuilding your house on your property after it has been destroyed.
But how do you know if a law or regulation goes too far? A court deciding one of these cases will look at a number of factors to determine if a regulatory taking has actually occurred. Amongst those factors are:
- The economic impact that the law or regulation has on the property owner
- How the law or regulation conflicts with the property owner’s expectations at the time the investment was made in the property
- The nature, extent, and character of the government’s actions
Keep in mind that other factors may come into play, but this is a very case-specific analysis. Therefore, you’ll want to carefully scrutinize the facts of your case to determine how best to apply the law to them in an advantageous fashion.
Confidently navigate your eminent domain or inverse condemnation case
You’ve worked hard to obtain your property. The government shouldn’t be able to come in and take it without giving you what you deserve. But when you suspect that the government has overstepped its bounds, you’re probably in for a fight. After all, there may be a lot of compensation at stake.
With so many intricacies involved in this area of the law, you owe it to yourself to seek out assistance from a legal professional who is adept at handling these matters. So, if you’d like to learn more about what an attorney can do to help you with your case, then now may be the time to do your research and reach out for the support that you need.