Inverse Condemnation -- Inverse Condemnation

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Litigation Boutique

Law Offices of Howard A. Kapp

You can submit your government-caused damage claim below:

If you know, please tell us what public entity is responsible for your damage:

Please provide us with the relevant address

Please provide your phone number

Please describe the nature and amount(s) of the losses you sustained.

Your Name: *

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Subject: *

Please tell us what happened (and when): *

Under our federal and state constitutions, it is a fundamental right of all Americans to be reimbursed for any "taking" of your property, intended or otherwise, by the government. This applies to local, state and federal governments and even some utilities, whether or not technically part of the government.

In some cases, the government needs to permanently "take" your property for some public reason, such as to expand a freeway. In those cases, called eminent domain, the government may be allowed to take your property, but only after paying you fair "market based" compensation. If you and the government disagree on the price, you can go the court can have a judge or jury set the price based on fair market value.

In other cases, called "inverse condemnation", your property may be "taken" or damaged by some activity associated with the government. It generally does not matter whether the government "intended" to damage or was "negligent" or property or even whether it anticipated that your property would be damaged. There are many examples of government-caused damage that may allow you to recover for the damage to your property. For example, a water main may break and spill water onto your property. In that example, you may suffer damages, including loss of profits or even reduced market value, as a result of water damage.

Typical examples of government-caused damage which may be compensable to you include:

Sewer breakage, causing damage to your property.
Public construction-caused damage.
Land subsidence.
Noise and pollution damage.
Electricity stoppage.

If you suffer substantial uninsured damage, you need to obtain a lawyer, such as Mr. Kapp, who is knowledgeable about such matters.

In appropriate cases, Mr. Kapp will accept "inverse condemnation" cases on a contingency basis; in fact, the government may be required to pay attorneys fees!

Unlike other claims against public entities, you have 3 years to file a lawsuit for this damage. We urge you not to wait too long but to pursue your legitimate, constitutional-based claims to compensation as soon as possible.

Government-Caused Property Damage (Inverse Condemnation) Cases