Inverse Condemnation - Law Dictionary Search Results

Home Dictionary Name: inverse condemnation

inverse condemnation

inverse condemnation : an action brought against the government by a landowner to obtain just compensation for a taking of property effected without a formal exercise of eminent domain ;also : the taking alleged in such an action ...

regulatory taking

regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...

taking

taking 1 : a seizure of private property or a substantial deprivation of the right to its free use or enjoyment that is caused by government action and esp. by the exercise of eminent domain and for which just compensation to the owner must be given according to the Fifth Amendment to the U.S. Constitution see also inverse condemnation, physical taking, regulatory taking NOTE: A governmental action that results in a mere diminution in property value is less likely to be considered a taking than one that deprives the owner of economically viable use of the property. 2 : the wrongful acquisition of control over property (as in larceny) or a person ...

Inversely

In an inverse order or manner by inversion opposed to directly...

Inverse

That which is inverse...

condemn

condemn 1 : to impose a penalty on ;esp : to sentence to death 2 : to adjudge unfit for use or consumption 3 : to declare convertible to public use under the right of eminent domain : take con·dem·nable [kən-dem-nə-bəl, -de-mə-] adj con·dem·na·tion [kÄ n-dem-nā-shən] n con·demn·er or con·dem·nor [kən-de-mər, -dem-nȯr] n ...

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Inverse Condemnation - Law Dictionary Search Results