Inverse Condemnation

Inverse condemnation is an action by private property owners against the government when a taking of their property occurs. The power of the government to take the private property a citizen to be used for a public purpose is called eminent domain. The broader category of eminent domain entitles the government to encroach on a variety of private property rights such as those regarding air, land and water rights. Under the Fifth Amendment to the U.S. Constitution the government has the right to take property but is required to provide the property owner with just compensation for the taken property.