Inverse Condemnation

The United States Constitution guarantees…

private landowners the right to receive just compensation when the government takes private property in an eminent domain action.  BUT, sometimes the taking may be indirect with no compensation offered. For example, it may not be obvious to the landowner that the government has infringed upon their property rights until they find that a nearby public project has caused an impairment of access to their land, loss of adjacent or sub-adjacent support, an air space restriction, flood damage, or even a landslide, just to name a few.

Inverse Condemnation Law

In these cases, even though the taking may not be direct or entire, the property owner is entitled under their constitutional rights to dispute the taking and receive payment for the loss of their property, in part or in whole. This type of taking is known as inverse condemnation. Inverse condemnation disputes, trials and appeals can be quite complex and often require expert evaluations, analysis of business records, and customer testimonials, and will benefit from a particular knowledge of the relevant legal arguments for certain types of property, such as commercial, residential, or industrial.

Experienced Legal Counsel Helps

With decades of experience, successfully handling hundreds of inverse condemnation claims, the legal team at The Law Offices of Kermitt Waters is prepared to serve private landowners who believe the use of their property has been diminished due to government construction projects or other government actions. If you have not been duly compensated for your loss of access or impairment to part or all of your private property, we believe we can help.

We exclusively serve private landowners in trials and appeals of:

  • inverse condemnation
  • eminent domain
  • pre-condemnation planning

We represent:

  • individuals
  • businesses
  • lenders
  • real estate brokers
  • other attorneys as special counsel to their clients

We cover a wide range of property takings including:

  • open land
  • industrial facilities
  • air space
  • commercial buildings such as apartments, hotels, and office complexes

Our Commitment to Clients

The process of an inverse condemnation dispute, trial or appeal can often be overwhelming and time consuming for the landowner. That’s why it helps to seek qualified legal advice. We believe our clients, and all landowners in Nevada and throughout the West, deserve the best shot at just compensation. We’d like to help you, too.

Contact us for more information.