Inverse Condemnation Claim Information
Inverse condemnation occurs when: the government physically invades or occupies private property without filing an eminent domain action, the government's actions substantially reduce the property's value (a regulatory taking; the regulation eliminates all economically beneficial use), the government's actions cause physical damage to the property (flooding, construction vibration, or contamination from a government facility), or the government denies a development application in a manner that deprives the owner of all reasonable use. The property owner files the inverse condemnation claim because: the government has the obligation to initiate formal condemnation proceedings and pay just compensation, but has failed to do so, forcing the property owner to seek compensation through litigation.
Florida Legal Definition
Inverse condemnation in Florida is governed by: Article X, Section 6 of the Florida Constitution (requiring just compensation for the taking or damaging of private property), Florida Statutes Chapter 73 (Eminent Domain), and the Bert Harris Act (§70.001). Under Article X, Section 6(a), 'No private property shall be taken except for a public purpose and with full compensation.' Under §70.001, the Bert Harris Act provides: a cause of action for property owners whose property is inordinately burdened by governmental action (going beyond traditional inverse condemnation to cover regulatory burdens that do not rise to the level of a taking). Under Florida case law (Alachua County v. Eagle's Nest Farms, and Joint Ventures v. Department of Transportation), the property owner must demonstrate: a government action, a property interest affected, and compensation owed.
How It's Used in Practice
In practice, attorneys file inverse condemnation claims when the government takes or damages property without formal proceedings. The attorney: evaluates the government action (physical invasion, flooding, regulatory restriction, or denial of development approval), determines the appropriate legal theory (physical taking, regulatory taking, or Bert Harris Act claim), files the inverse condemnation complaint (in circuit court), retains expert witnesses (appraisers, engineers, and planners to quantify the damage and establish causation), and pursues full compensation (including: the value of the property taken, severance damages to the remaining property, business damages, and attorney's fees). Under §73.092, the property owner may recover reasonable attorney's fees and costs (making the claim economically viable even for moderate-value properties).
Key Takeaways
- Inverse condemnation: government takes property without formal proceedings.
- Property owner files claim seeking compensation.
- Florida Constitution Art. X §6: requires full compensation for takings.
- Bert Harris Act (§70.001): relief for inordinate regulatory burdens.
- Attorney's fees recoverable under §73.092.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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