Land Use & Zoning
In Minnesota, an 'inverse condemnation' claim arises when:
AA property owner sues to stop a condemnation proceeding
BA property owner claims their property has been effectively taken through government regulation without formal condemnation or just compensation✓ Correct
CA condemnation award is appealed by the government
DA developer condemns a neighboring property for a private project
Explanation
Inverse condemnation is a property owner's claim that the government has effectively taken (reduced the value of) their property through regulation, physical invasion, or action without formally condemning it or paying just compensation. The owner files the lawsuit rather than the government.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
DepreciationA reduction in the value of an improvement (building) over time due to physical deterioration, functional obsolescence, or external factors.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
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