Inverse condemnation

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An inverse condemnation is when government destroys the value of a piece of property without actually taking it and constructing a building on it. Typically inverse condemnation is a project purportedly for public use, such as building a dam which results in the flooding of private property.

Property owners can then bring an "inverse condemnation action" for just compensation from government under the Fifth Amendment of the U.S. Constitution.

Some States have protections for inverse condemnation proceedings in their State Constitutions. See, e.g., Tex. Const. Art. I, § 17:

No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for [specific public use purposes].

See also