litigation, because under Wyoming law, an
inverse condemnation suit
Now, instead of an action for damages,
inverse condemnation should come with property rule protection.
This article proposes that the rationale of Clay County be extended to the condemnation litigation itself instead of requiring that the property owner bring a separate suit for
inverse condemnation.
A takings claim against a state also requires the plaintiff to have unsuccessfully sought just compensation through a procedure established by the state (typically, an
inverse condemnation suit).
Hansen added that its complexity provides appraisers the opportunity to "avoid the routine of simpler sorts of valuation jobs:' He remembers one
inverse condemnation job where the state had built a new bridge and had simply left the old bridge where it was.
The Ninth Circuit, in affirming summary judgment against the plaintiff, set out the basic analysis of an
inverse condemnation claim.
Rose added that there aren't many attorneys in the state - or the country - who have tried
inverse condemnation suits.
After the new bridge and park were built, Bay Point brought an
inverse condemnation action against MTC, arguing that once the bridge was destroyed, either the easement on the entire property terminated or at least the portion of the easement used to build the park terminated because a park was not for "highway purposes.
He focuses on property rights litigation, including the representation of owners and businesses in eminent domain,
inverse condemnation, regulatory takings, and Bert J.
Generally, to support a claim for
inverse condemnation, flooding must be caused by government action that results in "an actual, permanent invasion of the land, amounting to an appropriation of and not merely an injury, to the property.
City of Florence: Plaintiff alleges
inverse condemnation, nuisance and negligence; suit seeks $180,000.
A claim for condemnation blight under paragraph C may be brought during the condemnation proceedings or in an
inverse condemnation claim.
