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 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

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Attorney David Murray obtained a decision from the Mecklenburg County Superior Court reversing a City of Charlotte Zoning Board of Adjustment (“ZBA”) decision which found his client in violation of the City of Charlotte Zoning Ordinance for its o… Read More
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Apr
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Eminent domain is the government’s power to take private land for public use. This power stems from the Fifth Amendment to the Constitution, so although it may seem like the government is overreaching when it tries to take your land, this right… Read More
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Your land is yours — or so you thought. Then you received a letter from the government informing you that it is taking your land through the power of eminent domain to expand an airport, for a public utilities project, or some other use. Your first… Read More