Understanding the Difference between Inverse Condemnation and Eminent Domain

Eminent domain is a process initiated by the government to acquire private property for public use. This is done by paying fair compensation to the property owner. On the other hand, inverse condemnation is a legal action taken by the property owner when the government takes their property without following the eminent domain procedure or paying fair compensation. In this case, the burden of proof falls on the owner of the property to demonstrate that the appropriation was acquired without being properly compensated. Inverse condemnation is often seen in land use disputes in which the landlord challenges development restrictions.

This type of conviction occurs when the government enacts a takeover without complying with appropriate eminent domain procedures and without paying a reasonable payment. The landlord has the right to file a reverse conviction lawsuit against the convicting authority to recover fair payment for the impounded property. To successfully file a reverse conviction action, the landlord must demonstrate that the government action has failed to promote substantial government interests or has deprived the owner of the economic value of his property. If you are a property owner facing eminent domain or if you think you may have a possible reverse conviction lawsuit, learn more about how to protect your rights by contacting an attorney from the Owners' Counsel of America. Attorneys at Potts Law Firm negotiated on behalf of an East Texas residential property owner whose land was confiscated by a Texas convicting authority. The experienced lawyers at Neumann Law Group are also ready to help if you are fighting a conviction imposed through the exercise of eminent domain, or if you need to initiate a reverse conviction action to obtain fair compensation for property already taken. In the Supreme Court, OCA's eminent domain lawyers are committed to promoting the rights of private property owners across the country.

Understanding your rights and legal options is essential when it comes to protecting your property from government seizure. If you believe that your property has been taken without following proper procedures or without paying fair compensation, contact an experienced attorney from Owners' Counsel of America today.