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Orange County Inverse Condemnation Attorney

Posted on March 20 2015 by Gabriela Ocampo

Orange County Inverse Condemnation Attorney

The California Court of Appeal has okayed a beneficial spot zoning program in Orange County that had been opposed by the communities at Foothill. The county had proposed to add a new zoning district that was only directed to a specific piece of land. The beneficial zoning is less restrictive zone awarded to an area different from surrounding areas. In this case, the Orange County had granted less restrictive zoning to a piece of land meant for construction of the home for the elderly.

Eminent domain is the power that the law places in the hands of primary governments that allow them to force the sale of private property or use of a property for the interest of the public. In the above case, the court found that spot zoning was actually beneficial to the piece of property. It went further to state that it could only enforce the law if the development was in the interest of the public.

When do you use Inverse condemnation law?

Inverse condemnation is provoked when a primary government takes over private property, damages it or restricts it to an extent that its use is adversely affected and can be useful as earlier intended. In such a case, you as the property owner may file an inverse condemnation case to request the authorities to eliminate restrictions that prevent full use of property or give a more reasonable compensation for their actions on the land.

In the example above, , adjacent property owners may claim that the redevelopment of the land to allow for less restricted development on the parcel of land may restrict some of their activities and may also cause air or noise pollution depending on the development therein. In such a case, the property owners may be awarded additional damages under inverse condemnation rules as enshrined in the constitution.

Inverse condemnation case

In inverse condemnation cases, the claimant is the one who initiates legal action against the authority over the acquisition of his or her property under the eminent domain law. Thus, the property owner is the plaintiff and the government is the defendant.

Circumstances where inverse condemnation applies

Here are areas where you may compensation under inverse compensation

  • Regulatory taking

This is a case where the government or its agency passes a regulation to restrict the use of your land. You must prove that the authorities prevented practical use of your property, has significantly changed the way use the land or has significantly reduced your property value under eminent law.

  • Unreasonable restriction on developing your property

Similar to the case above, unreasonable restriction means that the authorities prevent you from making the best development on your property. This can be through refusal of zoning changes of withholding necessary permits. You may claim compensation by filing an inverse condemnation case and state that you have suffered a loss of value due to the restrictions placed.

  • Physical taking

A government agency may take possession of your property and does not institute correct eminent domain procedures or give you just compensation. This is a strong ground for instituting a legal action by claiming inverse condemnation of your property.

Several complexities are involved in ascertaining the strongest grounds to initiate such a legal action. You need to have verifiable facts to support your litigation case to stand a better chance of getting a favorable ruling in court. A qualified and experienced Orange County inverse condemnation lawyer should be at your side to help you through the legal process.