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Kirk's Blog

Inverse Condemnation: When Government Damages Or Harms Your Property & Refuses To Pay 

1/13/2015

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In many cases the government will take or damage over private property by building a road on it or some other public project. If done correctly they pay for it & one has the legal court process to fight for more money. Sometimes & all too often the government refuses to pay you & the way to take action is to file an inverse condemnation case which will compel them to follow the law. If you are successful they HAVE to pay your costs including legal fees encouraged to compel them to do whats right.

When you win an inverse condemnation case, the judge issues a writ of mandamus telling the government to act lawfully & to determine what your damages actually are. These cases can include:

  • Roads over private property without compensation
  • Ditches & ditch widenings without compensation
  • Zoning law changes decreasing your property value
  • and more..


Inverse condemnation cases are very tough to win although the Schnitker Law Office has never lost one. Sometimes they can be won even before a lawsuit is filed when the government is educated by good lawyers as to why it illegally damaged property & why it must pay for damages. Very few lawyers work in theses areas of the law so make certain to speak to someone who has experience in winning these cases.

Fill out the form on the right for a free consultation or give us a call at (763) 252-0114 to speak with an experienced Real Estate Attorney.
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