What Is Inverse Condemnation In California?

The glory that was Greece,
And the grandeur that was Rome.

-Edgar Allan Poe

Inverse condemnation in California allows you to sue the government if the government damaged your property.

Here are the specifics.

Inverse Condemnation Law

California Constitution article I, section 19, reads “[p]rivate property may be taken or damaged for a public use and only when just compensation…has first been paid to…the owner.”

In other words, if the California government damaged your property “for a public use,” then it owes you money.

Inverse Condemnation Elements

You need to prove 2 things: 1) that the California government took or damaged your property; and 2) that the intended behavior was for public use . At that point you can demand “just compensation” from the government.

Of course things are never that simple. The tricky part is showing that the behavior was intended to be for “public use.” And you must show that government “substantially participated” in the intended behavior.

Inverse Condemnation Benefits

There are several benefits: 1) you do not need to file a Government Claim, which I discuss here – How to file a claim against the City of San Diego; 2) your burden of proof is lower than negligence because you do not need to prove foreseeability; and 3) attorney’s fees and expert costs are recoverable under Code of Civil Procedure 1036.

This area of law is complicated, but speak to a San Diego Property Damage Attorney about your rights.

Questions? Contact Me for a free consultation.

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He is licensed to practice in California, Connecticut, and Louisiana. His entire practice has been in litigation.

Evan is from a small town outside of New Orleans. He attended law school in New Orleans, which was interrupted by Hurricane Katrina. After evacuating to Houston, Evan graduated in 2008 as part of the ‘Hurricane Katrina Class.’

After graduation, Evan worked for a New Orleans insurance defense firm. He defended insurance companies against Hurricane Katrina lawsuits brought by homeowners and business owners.

In 2010, he and his wife moved to New Haven, Connecticut, so his wife could complete a medical residency at Yale. During the next few years, Evan worked for Travelers Insurance Company defending countless personal injury lawsuits.

In 2014, he moved to San Diego so his wife could complete a medical fellowship at UCSD. He then opened his own firm to represent people after years of defending insurance companies.

Evan is a Featured Faculty at Attorney Credits, a CLE company, and a regular contributor to various podcasts and publications. He has also been interviewed by San Diego television stations about his cases and practice.

Evan spent almost a decade as a defense attorney who defended insurance companies from personal injury and property damage lawsuits. He knows how insurance companies bully people and deny claims. And he knows how to fight them.

Bar Admissions: California Connecticut (inactive) Louisiana (inactive)

Acta Non Verba

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