COMPLAINT FOR INVERSE CONDEMNATION

IN THE [________________________________] COURT

[________________________________] COUNTY, STATE OF [________________________________]

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s),

Case No.: [________________________________]

COMPLAINT FOR INVERSE CONDEMNATION AND JUST COMPENSATION

Plaintiff(s), [________________________________] ("Plaintiff"), by and through undersigned counsel, bring this action against Defendant(s), [________________________________] ("Defendant" or "Government"), for inverse condemnation and just compensation under the Fifth and Fourteenth Amendments to the United States Constitution and [State] Constitution, Article [____], Section [____], and allege as follows:

I. NATURE OF THE ACTION

1. This is an action for inverse condemnation seeking just compensation for the taking of Plaintiff's property by Defendant without the filing of a formal condemnation proceeding and without payment of just compensation as required by the United States Constitution and the [State] Constitution.

2. The Fifth Amendment to the United States Constitution, made applicable to the states through the Fourteenth Amendment, provides: "nor shall private property be taken for public use, without just compensation."

3. When a government entity takes or damages private property for public use without initiating condemnation proceedings and paying just compensation, the property owner may bring an "inverse condemnation" action to recover the compensation to which they are constitutionally entitled.

II. PARTIES

A. Plaintiff(s)

4. Plaintiff, [________________________________], is [an individual/a corporation/an LLC/a partnership/other: ____________] who owns real property located at [________________________________], [________________________________] County, State of [________________________________] ("Subject Property").

5. Plaintiff's ownership interest in the Subject Property includes [fee simple ownership/leasehold interest/easement rights/other: ____________].

6. Plaintiff may be contacted through undersigned counsel at the address listed below.

B. Defendant(s)

7. Defendant, [________________________________], is a [governmental entity type: city/county/state agency/federal agency/public utility/other: ____________] organized and existing under the laws of [________________________________].

8. Defendant may be served at: [________________________________].

9. At all times relevant hereto, Defendant acted under color of law and in its governmental capacity.

III. JURISDICTION AND VENUE

10. This Court has jurisdiction over this action pursuant to [________________________________].

11. Venue is proper in this Court because the Subject Property is located within this judicial district/county.

12. Following the Supreme Court's decision in Knick v. Township of Scott, 139 S. Ct. 2162 (2019), property owners may bring federal takings claims in federal court without first pursuing state court remedies.

13. [If in state court:] Plaintiff brings this action in state court pursuant to [State] Constitution, Article [____], Section [____], and [State Code Section].

IV. FACTUAL ALLEGATIONS

A. Description of the Subject Property

14. The Subject Property is located at [________________________________], and is more particularly described in Exhibit A attached hereto and incorporated by reference.

15. The Subject Property consists of approximately [____] acres/square feet of land, improved with [description of improvements: ________________________________].

16. Prior to the events giving rise to this action, the Subject Property was used for [________________________________] and had a fair market value of approximately $[____________].

17. The Subject Property's highest and best use was/is [________________________________].

B. The Government's Actions Constituting a Taking

18. On or about [__/__/____], Defendant undertook the following actions affecting Plaintiff's property:

☐ Physical Invasion/Occupation

[________________________________]

[________________________________]

☐ Physical Damage from Government Project

[________________________________]

[________________________________]

☐ Denial of Access

[________________________________]

[________________________________]

☐ Flooding/Drainage Damage

[________________________________]

[________________________________]

☐ Other Physical Taking:

[________________________________]

[________________________________]

19. As a direct and proximate result of Defendant's actions:

a. [________________________________]

b. [________________________________]

c. [________________________________]

d. [________________________________]

20. Defendant's actions were taken for a public purpose, specifically [________________________________].

21. Defendant has not initiated formal condemnation proceedings against Plaintiff's property.

22. Defendant has not paid Plaintiff just compensation for the taking of Plaintiff's property.

C. Damages to Plaintiff's Property

23. As a result of Defendant's taking, Plaintiff has suffered damages including but not limited to:

24. The fair market value of the property interest taken is $[____________].

25. Plaintiff is entitled to interest on the amount of just compensation from the date of taking, [__/__/____], to the date of payment.

D. Prior Notice and Administrative Remedies (if applicable)

26. On or about [__/__/____], Plaintiff notified Defendant of the taking and demanded just compensation.

27. Defendant [failed to respond/denied the claim/offered inadequate compensation of $____________/other: ____________].

28. [If applicable:] Plaintiff has exhausted all required administrative remedies.

V. CAUSES OF ACTION

FIRST CAUSE OF ACTION

Inverse Condemnation - Physical Taking

(Fifth and Fourteenth Amendments, U.S. Constitution)

29. Plaintiff incorporates by reference all preceding paragraphs.

30. The Fifth Amendment to the United States Constitution provides that private property shall not "be taken for public use, without just compensation."

31. This prohibition is applicable to the states through the Fourteenth Amendment.

32. Defendant's actions, as described above, constitute a physical taking of Plaintiff's property for public use.

33. A physical taking occurs when the government physically appropriates or invades private property.

34. Defendant has taken Plaintiff's property without payment of just compensation.

35. Plaintiff is entitled to just compensation in an amount to be proven at trial, plus interest from the date of taking.

SECOND CAUSE OF ACTION

Inverse Condemnation - Physical Taking

([State] Constitution, Article [____], Section [____])

36. Plaintiff incorporates by reference all preceding paragraphs.

37. [State] Constitution, Article [____], Section [____], provides: "[________________________________]"

38. Defendant's actions constitute a taking of Plaintiff's property under the [State] Constitution.

39. Plaintiff is entitled to just compensation under state constitutional law.

THIRD CAUSE OF ACTION

Inverse Condemnation - Damage to Property

(Where applicable under state law)

40. Plaintiff incorporates by reference all preceding paragraphs.

41. [State] Constitution/law provides for compensation when private property is "taken or damaged" for public use.

42. Even if Defendant's actions do not constitute a complete taking, they have damaged Plaintiff's property.

43. Plaintiff is entitled to compensation for damage to the Subject Property.

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

1. ☐ Enter judgment in favor of Plaintiff and against Defendant;

2. ☐ Award Plaintiff just compensation for the taking of Plaintiff's property in an amount to be determined at trial, but not less than $[____________];

3. ☐ Award Plaintiff pre-judgment interest on the amount of just compensation from the date of taking, [__/__/____], at the applicable legal rate;

4. ☐ Award Plaintiff post-judgment interest at the applicable legal rate;

5. ☐ Award Plaintiff reasonable attorney's fees and costs as permitted by law;

6. ☐ Award Plaintiff expert witness fees and costs;

7. ☐ Award such other and further relief as the Court deems just and equitable.

VII. JURY DEMAND

☐ Plaintiff demands a trial by jury on all issues so triable.

Respectfully submitted,

Attorney Signature: [________________________________]

Printed Name: [________________________________]

State Bar No.: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Attorney for Plaintiff

VERIFICATION

STATE OF [________________________________]

COUNTY OF [________________________________]

I, [________________________________], declare under penalty of perjury that:

1. I am the Plaintiff in this action (or authorized representative of Plaintiff).

2. I have read the foregoing Complaint for Inverse Condemnation and know its contents.

3. The facts alleged therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], [State].

Signature: [________________________________]

Printed Name: [________________________________]

EXHIBIT A - LEGAL DESCRIPTION OF PROPERTY

[________________________________]

[________________________________]

[________________________________]

EXHIBIT B - PHOTOGRAPHS/DOCUMENTATION OF TAKING

(Attach photographs, surveys, or other documentation)

TYPES OF INVERSE CONDEMNATION CLAIMS

Physical Takings

☐ Direct Physical Appropriation
Government physically takes possession of property

☐ Physical Invasion
Government authorizes permanent or recurring physical invasion
(See Cedar Point Nursery v. Hassid, 141 S. Ct. 2063 (2021))

☐ Flooding/Drainage
Government actions cause flooding or altered drainage
(See Arkansas Game & Fish Comm'n v. United States, 568 U.S. 23 (2012))

☐ Aircraft Overflights
Low-altitude overflights destroying use and enjoyment
(See United States v. Causby, 328 U.S. 256 (1946))

☐ Denial of Access
Government action denies or substantially impairs access

☐ Construction Damage
Damage from government construction activities

☐ Utility/Infrastructure
Installation of utilities or infrastructure on private property

STATUTE OF LIMITATIONS

Inverse condemnation claims are subject to statutes of limitations that vary by jurisdiction:

Check applicable state law for specific limitations periods and accrual rules.

CHECKLIST FOR FILING

☐ Identified the governmental entity responsible
☐ Documented the taking with photographs/evidence
☐ Determined date of taking for limitations purposes
☐ Obtained appraisal of property/damages
☐ Verified compliance with notice requirements (if any)
☐ Researched applicable statute of limitations
☐ Determined proper court (state vs. federal)
☐ Verified service requirements for governmental defendant
☐ Paid filing fees
☐ Served complaint properly

STATE-SPECIFIC CONSIDERATIONS

California

Cal. Const. art. I, § 19 - "taken or damaged." Cal. Code Civ. Proc. § 1245.260 governs inverse condemnation. Pre-condemnation activities may give rise to claims.

Texas

Tex. Const. art. I, § 17 - "taken, damaged, or destroyed." Tex. Prop. Code § 21.001 et seq. Six-month notice requirement for certain claims.

Florida

Fla. Const. art. X, § 6. Must demonstrate permanent taking of property right. Bert J. Harris Act provides additional remedies for regulatory impacts.

New York

N.Y. Const. art. I, § 7. Court of Claims jurisdiction for state claims. Notice of claim requirements may apply.

This template is provided for educational and informational purposes only. Inverse condemnation law is complex and varies significantly by jurisdiction. Consult with a qualified attorney licensed in your state before filing any legal action.