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

Oct
1
Attorney David Murray applied his knowledge of property law and land valuation to obtain a settlement for landowners against a developer who he believed was violating the restrictive covenants on and around his clients’ property. In Bradford v. Dow… Read More
Apr
16
If you receive notice that the government, or someone with government authority, wants to take your property, you might be wondering what, if anything, you can do about it. Depending on the situation, your options may be limited, but you do have some… Read More
Apr
10
Your land is yours—or so you thought. Then you received a letter from the government telling you that it needs your land to widen a road, to expand an airport, for public utilities project, or some other use. Your first question is probably “… Read More
Mar
15
A 2017 land condemnation case, in which attorneys David Murray and Tommy Odom represented the landowner, illustrates the importance of not relying on an initial appraisal in a taking case. In this matter, NCDOT v. Warehouse Solutions of Charlotte, T… Read More
Feb
28
Attorney Tommy Odom of The Odom Firm was instrumental in helping to achieve justice for an employee who reported unsafe conditions at the national pharmaceutical company for which he worked. The employee risked his own career to ensure his employer w… Read More