Maximizing Your Recovery, Minimizing Your Burden

Understanding Inverse Condemnation Claims in Texas

Q: Who pays my attorney fees if I win an inverse condemnation case?

Unlike some other lawsuit types, Texas law may allow a property owner to recover reasonable attorney fees and other litigation expenses if they prevail in an inverse condemnation lawsuit, but specific conditions must be met. This potential recovery should be discussed with your attorney.

Seeking compensation when government actions damage your property’s value or use, even without a formal eminent domain taking.

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What Is Inverse Condemnation in Texas?

Inverse condemnation is a legal claim brought by a property owner against a government entity when the entity’s actions damage or diminish the value or use of private property, but the government has not initiated formal eminent domain proceedings (direct condemnation) to acquire the property.

Essentially, the landowner initiates the lawsuit, arguing that the government’s actions constitute a “taking” or “damaging” under the Texas Constitution (Article 1, Section 17), requiring just compensation – even though no formal condemnation occurred.

Direct vs. Inverse Condemnation: Key Differences (Table)

Direct Condemnation: Government initiates the lawsuit to take property; landowner defends and seeks compensation. Process follows specific statutory steps.

Inverse Condemnation: Landowner initiates the lawsuit alleging a taking or damaging has already occurred due to government action; landowner has the burden of proving the taking/damaging and the amount of compensation owed.

Direct vs. Inverse Condemnation Comparison

Feature	Direct Condemnation	Inverse Condemnation
Who Initiates Lawsuit?	Government / Condemning Entity	Property Owner
Formal Taking Declared?	Yes, entity seeks court approval to acquire property.	No, owner alleges a taking or damaging has already occurred.
Primary Legal Action	Entity follows statutory process to acquire property rights.	Owner sues government seeking compensation for damages caused.
Burden of Proof (Re: Compensation Amount)	Both sides present evidence, often shifts based on hearing outcome.	Property Owner must prove the amount of damages/compensation owed.
Burden of Proof (Re: Taking/Damaging Occurred?)	Not usually disputed (entity admits taking).	Property Owner must prove the government’s actions caused a compensable taking or damaging.

Common Situations Leading to Inverse Condemnation Claims

Inverse condemnation can arise from various government actions in Texas:

Physical Damage/Intrusion: Government construction project causing repeated flooding, soil erosion, or physical occupation of property.
Impairment of Access: Road projects or traffic changes substantially limiting or eliminating practical access to a property, harming its usability or business viability.
Severe Regulations (Regulatory Takings): Zoning changes or land-use restrictions so severe they deny nearly all economically viable use of the property.
Nuisance Activities: Government operations (like airports or sewage plants) causing excessive noise, dust, or odors that significantly interfere with property use and enjoyment.

Proving an Inverse Condemnation Case

Successfully pursuing an inverse condemnation claim in Texas typically requires the landowner to prove:

The government intentionally performed acts (or failed to act when required).
These acts resulted in a taking or damaging of private property for public use.
Causation: The government’s specific actions directly caused the damage or loss of value.
The damage or interference is “substantial.” Minor inconveniences usually don’t qualify.

Challenges in Inverse Condemnation Lawsuits

Inverse condemnation cases can be complex and challenging. The burden of proof rests entirely on the property owner. Issues like governmental immunity, statutes of limitations, and proving the exact cause and extent of damages require careful legal analysis and presentation of evidence.

How Dawson & Sodd Handles Inverse Condemnation Claims

Our firm has experience evaluating and pursuing inverse condemnation claims for Texas property owners. We assist by:

Investigating the facts and gathering evidence of the government’s actions and the resulting property damage.
Working with engineers, appraisers, and other professionals to document the extent of the damages and their cause.
Analyzing complex legal issues involving governmental immunity and causation.
Filing the lawsuit and navigating the litigation process to seek the just compensation owed.

We understand the unique proof requirements and legal hurdles involved in these demanding cases.

Frequently Asked Questions About Inverse Condemnation

The time limit (statute of limitations) varies depending on the specific type of claim (e.g., physical taking vs. regulatory taking) and can be complex. It’s crucial to consult with an attorney familiar with these claims promptly, as missing the deadline bars your case. Don’t delay seeking advice.

Maybe, but it’s difficult. Courts often require proof that the government’s intentional actions led to repeated, substantial flooding or damage, not just a single, isolated event unless the damage is permanent.

It can be, but the standard is very high. A simple drop in value usually isn’t enough. A “regulatory taking” claim generally requires proving the regulation denies nearly all economically viable use of the land or unreasonably interferes with distinct investment-backed expectations.

Unlike some other lawsuit types, Texas law may allow a property owner to recover reasonable attorney fees and other litigation expenses if they prevail in an inverse condemnation lawsuit, but specific conditions must be met. This potential recovery should be discussed with your attorney.

Related Information on Your Rights and the Process

Understanding compensation is part of the bigger picture:

Your Texas Landowner Rights

Know your protections throughout the process.

Securing Just Compensation

Discover how fair value and damages are determined.

Overview of Texas Eminent Domain

Return to our main overview page.

Property Damaged? Discuss Your
Inverse Condemnation Claim

If you believe government action has damaged your Texas property without formal condemnation, you may have an inverse condemnation claim. Contact Dawson & Sodd for a free consultation to evaluate your potential case.

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(903) 872 – 8181