This paper examines and analyzes claims of alleged takings or damage to private property for public purposes without payment of just compensation and without formal appropriation. Five states (Pennsylvania, New York, Texas, Florida, California) are studied and the cases considered involve physical damage without regard to whether they are labeled inverse, reverse, de facto, or common law condemnation. Condemnation and inverse condemnation are compared, and the origins of inverse claims related to title property and probability questions are reviewed, sovereign immunity (standing to assert immunity, waiver of immunity), the basis of inverse actions, procedural defense - timeliness (accural and limitation on right), - Res Judicata (injuries not resulting from eminent domain, negligence, etc., forseeability), substantive law (tortions injuries, and condemnation damages) are discussed in relation to each of the five states.

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  • Supplemental Notes:
    • The project that is the subject of this report was part of the National Cooperative Highway Research Program conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. This article appears in Selected Studies in Highway Law, Volumes One and Two.
  • Corporate Authors:

    Transportation Research Board

    500 Fifth Street, NW
    Washington, DC  United States  20001
  • Authors:
    • Hering, B G
    • Ordover, M G
  • Publication Date: 1976

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Filing Info

  • Accession Number: 00148920
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Mar 30 1977 12:00AM