Inverse Condemnation

Inverse condemnation is related to, but is often distinct from, the exercise of eminent domain. Inverse condemnation need not involve a physical taking of your property, although a temporary or permanent taking may be involved. It is called "inverse" because rather than a government agency or other authority filing suit for the right to take land, the suit is brought by a landowner whose property rights have been infringed.

Inverse condemnation can take many forms. You may file an inverse condemnation suit if the government took your property, even temporarily, without following eminent domain procedures. Inverse condemnation may involve a physical action, such as diverting needed water from your property or causing it to flood. It may also involve a government regulation that burdens your property so that you can no longer get any economic benefit from it. This is often referred to as a "regulatory taking."

A Record of Success in NC Inverse Condemnation Cases

The Odom Firm has successfully represented numerous landowners in inverse condemnation actions.

Some of these cases involved the construction of airport runways at Charlotte-Douglas International Airport. Fly-over noise from the increased air traffic caused the value of nearby land to plummet, and the firm's attorneys were able to help our clients recover money for the loss of property value they suffered as a result.

Our successful record includes a number of cases resolved in the North Carolina Supreme Court and the North Carolina Court of Appeals including:

  • Brandy v. City of Charlotte, 72 N.C. App. 604 (1985)
  • Long v. City of Charlotte, 306 N.C. 187 (1982)

Experienced North Carolina Inverse Condemnation Attorneys

The inverse condemnation attorneys of The Odom Firm are recognized for their skill and ethics in Best Lawyers in America and North Carolina Super Lawyers. The firm's work in the area of inverse condemnation has actually shaped North Carolina law.

We invite you to call our Charlotte office at 704-377-7333 to schedule a consultation to discuss an inverse condemnation matter or contact us using our online form. Your initial consultation is free of charge.

News

Feb
18
The Odom Firm Gets Millions for Property Owner with Land Near Airport The City of Charlotte has opted to avoid the potential turbulence of a condemnation action and agreed to pay $8.35 million for eight acres of land earmarked for the expansion… Read More
Nov
8
One of the Constitutional Rights Council’s goals is to increase public awareness of the U.S. Constitution. The section sponsors CLE programs and services, provides members with a substantive newsletter and helps mold the association&… Read More
Sep
12
Wednesday, September 18, 2019, 6:30 p.m. – 8:30 p.m. The Johan Newcombe Event Center, Board Room 1840 E Franklin Blvd #4751, Gastonia, NC 28054   We are hosting a free educational seminar to discuss the North Carolina Department of Transporta… Read More
Jul
1
Attorney David Murray obtained a decision from the Mecklenburg County Superior Court reversing three Town of Huntersville Zoning Board of Adjustment (“ZBA”) decisions which had denied variances for three new houses which had been built relying i… Read More
May
24
The City of Charlotte will pay more than $1.5 million to compensate property owners who sued the city over the 2010 opening of a new runway at Charlotte-Douglas International Airport, the plaintiff’s’ attorneys reported. Tommy Odom of the… Read More