A REVIEW OF INVERSE CONDEMNATION

INVERSE CONDEMNATION, AN ACTION IN REVERSE EMINENT DOMAIN IN WHICH THE LANDOWNER SUES THE HIGHWAY AGENCY FOR DAMAGES WHICH ARE ALLEGED TO BE TRACEABLE TO THE HIGHWAY IMPROVEMENT IS REVIEWED. THE RELATIONSHIP BETWEEN THE LAW OF TORT AND THE LAW OF INVERSE IS DISCUSSED AND EXAMPLES GIVEN. TORT DOCTRINES HAVE BEEN ABLE TO FILTER INTO INVERSE COMDEMNATION DECISIONS, AND PLAINTIFFS RECOVER ON INVERSE GROUNDS IN CASES WHICH WOULD BE EXPLAINABLE ON A TORT THEORY WERE IT NOT FOR THE IMMUNITY BARRIER. BASES FOR ACTION DISCUSSED ARE ACT-OF-NEGLIGENCE AND THE TRESPASS-NUISANCE APPROACH. A HIGHWAY AGENCYS LIABILITY FOR PROPERTY DAMAGE WILL HAVE TO BE ANSWERED BOTH IN THE INVERSE AND IN THE TORT CONTEXT.

Media Info

  • Media Type: Print
  • Pagination: pp 26-30
  • Monograph Title: Land acquisition 1963
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238282
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Apr 7 1994 12:00AM