CRITICAL information to NEIGHBORING properties along a Clean Line route: You need to know about inverse condemnation. For example, you cant aerial spray, can no longer farm specialty crops, can no longer hunt, your tile district or flood plain is compromised or you cant choose to lease your own land for wind turbines because of the mega power line on your neighbors property. In this definition, theyre assuming its the government, not some out-of-state private company, using eminent domain: Inverse condemnation is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of Constitution. In some states the term also includes damaging of property as well as taking it. In order to be compensated, the owner must then sue the government. In such cases the owner is the plaintiff and that is why the action is called inverse – the order of parties is reversed, as compared to the usual procedure in direct condemnation where the government is the plaintiff who sues a defendant-owner to take his or her property. The taking can be physical (e.g., land seizure, flooding, retention of possession after a lease to the government expires, deprivation of access, removal of ground support) or it can be a regulatory taking (when regulations are so onerous that they make the regulated property unusable by its owner for any reasonable or economically viable purpose). The latter is the most controversial form of inverse condemnation. It is considered to occur when the regulation of the propertys use is so severe that it goes too far, as Justice Holmes put it in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), and deprives the owner of the propertys value, utility or marketability, denying him or her the benefits of property ownership thus accomplishing a constitutionally forbidden de facto taking without compensation.
Posted on: Sun, 21 Dec 2014 20:56:38 +0000
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