The Fifth Amendment to the United States Constitution provides in part: "nor shall private property be taken for public use without just compensation." There are four types of takings. First, a taking occurs when the government wants to buy your land for a public use, such as a park or a school. The government must then institute an action for eminent domain. One of the most controversial and legally unsupportable United States Supreme Court opinions on the subject of eminent domain was Kelo v. City of New London. In that case, the Court held that the government can wield its power of eminent domain to force private property owners to relinquish their land not to the government, but rather another private developer. The Court concluded that speculative future tax revenues were a sufficient public "purpose." Years later, the private developer scrapped its plans, yet the private property owners have no power to reclaim the land they were forced to sell. A book has been written on this case, entitled Little Pink House.

Second, a taking taking can occur when the government damages your property.

Third, a taking can occur when the government restricts the economic use of property, such as a growth control measure, or a rezoning.

Finally, a taking can occur when the government imposes an exaction, or condition, in exchange for a permit which is excessive and has no real relation to the impact created by the proposed development.

Inverse condemnation is an action by the property owner against the government to recover damages for a taking. The last three examples above would involve a claim for inverse condemnation.

Because Kassouni Law is a practice that specializes in land use, property rights, and development law, we have the experience to deliver results. Headquarted in Sacramento, with offices in Los Angeles, our attorneys have litigated cases against all manner of governmental entities throughout California, including building departments, planning departments, the California Coastal Commission, and cities and counties, all on behalf of private individuals and businesses. If you have any inverse condemnation issues or development issues, please contact Kassouni Law at 877-770-7379. We will be pleased to assess your rights and remedies and help you form a plan of action to obtain positive results.