How to sue a city in California for inverse condemnation

Rank does not confer privilege or give power. It imposes responsibility.

-Peter Drucker

How to sue a city in California for inverse condemnation?

First, determine whether you have an inverse condemnation claim. Read this blog post: What is Inverse Condemnation in California?

Second, understand that the California Government Tort Claims Act is inapplicable, so don’t bother with those short deadlines and filing requirements. If you’re interested in that, however, read this blog post: How to file a claim against the City of San Diego.

Third, prepare your lawsuit against the California city (or California county, or even the State of California). Allege the elements of inverse condemnation: 1) ownership of private property; 2) agency substantial participation in a public project or public improvement; 3) taking or damaging of that private property; and 4) causation. Claim a right to attorney’s fees and costs under CCP § 1036. Make sure you file it before 3 years.

Fourth, serve the California city by serving the city clerk with the lawsuit. Here’s the authority for that procedure: CCP § 416.50

Questions? Contact Me for a free consultation.

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