Do You Have An Inverse Condemnation Claim After The Government Took Or Harmed Your Property For A Public Project Or Public Use?
Most property owners are aware of the possibility of the use of eminent domain by the government or another condemning entity to justify seizing their properties. However, very few are aware of an “Inverse Condemnation” case. A true Inverse Condemnation case is rare, but it provides landowners the means and the power to compel the government to compensate them appropriately when the government takes property without paying for it or without obtaining the rights to use the land.
At the Law Office of Matt Hurt, PLLC, Matt defends the rights of property owners whose properties have been physically taken by the government without proper procedure and compensation. With over 20 years of experience and a background as a civil engineer, Matt has a reputation for successfully fighting unjust actions for the government.
When Might You Have An Inverse Condemnation Case?
An Inverse Condemnation claim has special challenges and specific requirements to be successful, including:
- The government or a private entity exercising the Power of Eminent Domain took some or all of your property but ignored the Statutory Process set forth in Chapter 21 of the Texas Property Code. And, most importantly, it did not compensate you.
- The governmental entity exercised control over physical real estate (or improvements to real estate) that you own, for the benefit of the governmental entity, for a public use. This can include intentionally flooding land you own, or using your property to store or overflow flood waters. It can also include the taking of your land for a road or other project without asking your permission or making an offer.
- Inverse Condemnation is like a trespass of your property rights by the government for the government’s projects.
- Other instances include exactions by the local Town or City or County in the zoning or permitting process, where the government refuses to provide you what the law already says you are entitled to (zoning or permitting), unless you provide land or easements needed by the local government.
Any of these forms of injustice against you as the property owner, may make you eligible to petition for Inverse Condemnation. Perhaps utility lines, a road or a water diversion have unjustly denied you of the right to use your property as intended. You may be able to show that the government or another potential condemning entity will be compelled to compensate you appropriately if you win your case.
Understand Your Rights To Adequate Compensation And Take Action To Protect Those Rights
Under both the Texas Constitution and the Constitution of the United States, the government may not exercise eminent domain and take private property without due process and Just or Adequate Compensation. If inverse compensation is the legal path to your assertion of your rights, then Matt Hurt is here to help it happen. To schedule a consultation, contact Law Office of Matt Hurt, PLLC, by email or call 214-302-0557.