Inverse Condemnation Complaint — Delaware

COMPLAINT FOR INVERSE CONDEMNATION — DELAWARE

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Background Facts
5. Count I — Inverse Condemnation (Del. Const. art. I, § 8)
6. Count II — Inverse Condemnation (U.S. Const. amends. V and XIV)
7. Count III — Regulatory Taking
8. Damages and Just Compensation
9. Prayer for Relief
10. Demand for Jury
11. Signature and Service Blocks
12. Verification
13. Certificate of Service
14. Delaware Practice Notes
15. Sources and References

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY

C.A. No. [________________________________]

COMPLAINT FOR INVERSE CONDEMNATION AND JUST COMPENSATION

Plaintiff, by and through undersigned counsel, alleges:

2. NATURE OF THE ACTION

1. This is an action for inverse condemnation seeking just compensation for the taking of Plaintiff's real property by Defendant for a public use, without the institution of a formal condemnation proceeding under 10 Del. C. ch. 61 and without payment of just compensation.

2. Article I, Section 8 of the Delaware Constitution provides, in relevant part, that no person's "property [shall] be taken or applied to public use without the consent of the person's representatives, and without compensation being made."

3. Delaware law expressly recognizes inverse condemnation proceedings: under 29 Del. C. § 9504, such a proceeding may be instituted by an owner of a right, title, or interest in real property because of the use of the owner's property. Where a governmental entity takes private property for public use without exercising its eminent domain power and without paying just compensation, the owner may sue to recover that compensation.

3. PARTIES, JURISDICTION, AND VENUE

4. Plaintiff, [PLAINTIFF NAME] ("Plaintiff"), is [an individual / a Delaware corporation / a limited liability company / other: ____] and is the owner of record of real property located at [PROPERTY ADDRESS], [NEW CASTLE / KENT / SUSSEX] County, Delaware (the "Subject Property"), more particularly described in Exhibit A.

5. Plaintiff's interest in the Subject Property is [fee simple / leasehold / easement / other: ____].

6. Defendant, [GOVERNMENTAL ENTITY] ("Defendant"), is a [municipality / county / State of Delaware agency / authority / public utility] organized and existing under the laws of the State of Delaware and possessing the power of eminent domain.

7. This Court has exclusive subject-matter jurisdiction over this condemnation matter pursuant to 10 Del. C. § 6101, which vests the Superior Court with exclusive jurisdiction over all condemnation proceedings within the State, and over the takings claims arising under Del. Const. art. I, § 8 and the Fifth and Fourteenth Amendments to the United States Constitution.

8. Venue is proper in this County because the Subject Property is located in [NEW CASTLE / KENT / SUSSEX] County, Delaware. 10 Del. C. § 6102.

9. Pursuant to Knick v. Township of Scott, 588 U.S. 180 (2019), Plaintiff's federal takings claim is ripe upon the uncompensated taking and may be pursued in this Court.

4. BACKGROUND FACTS

10. The Subject Property consists of approximately [____] acres / square feet, improved with [DESCRIBE IMPROVEMENTS], and was used for [USE].

11. Prior to Defendant's actions, the Subject Property had a fair market value of approximately $[AMOUNT], and its highest and best use was [HIGHEST AND BEST USE].

12. On or about [DATE], Defendant undertook the following action(s) affecting the Subject Property for a public use, namely [DESCRIBE PUBLIC PROJECT / PURPOSE]:

☐ Physical invasion, occupation, or appropriation of the Subject Property

☐ Physical damage arising from a public construction or improvement project

☐ Flooding, surface-water diversion, or altered drainage onto the Subject Property

☐ Denial or substantial impairment of access to the Subject Property

☐ Regulatory action depriving the Subject Property of all economically beneficial use

☐ Other: [DESCRIBE]

13. Specifically, Defendant [DETAILED NARRATIVE OF THE GOVERNMENTAL CONDUCT, DATES, AND PHYSICAL OR REGULATORY EFFECTS].

14. As a direct and proximate result of Defendant's actions, the Subject Property has been [taken / physically appropriated / rendered unusable / diminished in value], as follows: [DESCRIBE].

15. Defendant's actions were taken for a public use or public purpose, namely [PUBLIC PURPOSE].

16. Defendant has not instituted any formal condemnation proceeding under 10 Del. C. ch. 61 with respect to the Subject Property.

17. Defendant has not paid Plaintiff just compensation for the taking of the Subject Property.

18. On or about [DATE], Plaintiff notified Defendant of the taking and demanded just compensation. Defendant [failed to respond / denied the claim / offered inadequate compensation of $____].

5. COUNT I — INVERSE CONDEMNATION (Del. Const. art. I, § 8)

19. Plaintiff realleges and incorporates paragraphs 1 through 18.

20. Article I, Section 8 of the Delaware Constitution prohibits the taking or application of private property to public use without compensation being made.

21. Defendant's actions, as alleged above, constitute a taking of the Subject Property for a public use without the lawful exercise of eminent domain and without payment of just compensation.

22. Plaintiff is entitled to just compensation under the Delaware Constitution in an amount to be determined, together with interest from the date of taking.

6. COUNT II — INVERSE CONDEMNATION (U.S. Const. amends. V and XIV)

23. Plaintiff realleges and incorporates paragraphs 1 through 22.

24. The Fifth Amendment to the United States Constitution, applied to the states through the Fourteenth Amendment, prohibits the taking of private property for public use without just compensation.

25. Defendant, acting under color of state law, has taken the Subject Property for public use without just compensation in violation of the Fifth and Fourteenth Amendments.

26. Plaintiff requests just compensation and any separately authorized interest, fees, and costs. Section 1988(b) supplies no standalone inverse-condemnation fee right; it applies only if Plaintiff prevails in a separately pleaded action enforcing one of its listed provisions.

7. COUNT III — REGULATORY TAKING

27. Plaintiff realleges and incorporates paragraphs 1 through 26.

28. Defendant's [regulation / land-use restriction / permit denial] has deprived Plaintiff of all or substantially all economically beneficial use of the Subject Property, or has so substantially interfered with Plaintiff's reasonable investment-backed expectations as to constitute a compensable taking under Lucas v. S.C. Coastal Council, 505 U.S. 1003 (1992), and Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978).

29. Plaintiff is entitled to just compensation for the regulatory taking of the Subject Property.

8. DAMAGES AND JUST COMPENSATION

30. As a result of Defendant's taking of the Subject Property, Plaintiff has sustained the following damages:

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

32. Plaintiff is entitled to recover reasonable attorney, appraisal, and engineering fees and costs to the extent permitted by 29 Del. C. ch. 95 and 42 U.S.C. § 1988.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

☐ A. Enter judgment declaring that Defendant has taken the Subject Property for public use;

☐ B. Award just compensation in an amount to be determined, but not less than $[AMOUNT];

☐ C. Award pre-judgment interest from the date of taking, [__/__/____], and post-judgment interest at the legal rate;

☐ D. Award reasonable attorney, appraisal, and engineering fees and costs as permitted by 29 Del. C. ch. 95 and other applicable law;

☐ E. Grant such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY

☐ Plaintiff demands a trial by jury on the amount of just compensation, consistent with Delaware condemnation practice under 10 Del. C. ch. 61 and the Superior Court Civil Rules.

11. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Delaware Bar ID No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. VERIFICATION

STATE OF DELAWARE

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], declare under penalty of perjury that I am the Plaintiff (or authorized representative of Plaintiff) in this action; that I have read the foregoing Complaint for Inverse Condemnation; and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Delaware.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [__________], 20[__].

[________________________________]

Notary Public

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing COMPLAINT FOR INVERSE CONDEMNATION was served upon Defendant by [personal service pursuant to 10 Del. C. ch. 61 and Super. Ct. Civ. R. 4 / File & ServeXpress / certified mail], addressed as follows:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

14. DELAWARE PRACTICE NOTES

• Constitutional basis. Del. Const. art. I, § 8 bars taking or applying private property to public use "without compensation being made." It is a "taking" clause without a separate "or damaged" provision; Delaware takings analysis tracks federal Fifth Amendment doctrine.
• Statutory recognition. 29 Del. C. § 9504 expressly addresses "inverse condemnation proceedings" instituted by a property owner because of the use of the owner's property. Substantive eminent-domain procedure lives in 10 Del. C. ch. 61.
• Forum and exclusive jurisdiction. 10 Del. C. § 6101 gives the Superior Court EXCLUSIVE jurisdiction over all condemnation proceedings within the State, in the county where the property lies. The Superior Court Civil Rules govern except where Chapter 61 provides otherwise.
• Public-use limits. 29 Del. C. ch. 95 defines "public use" narrowly and excludes takings for revenue, tax base, employment, or economic development; where condemned property will be used by a private party, the condemnor must prove public use by clear and convincing evidence.
• Statute of limitations. Delaware has no limitations statute specific to inverse condemnation. Counsel commonly evaluate the residual three-year limitation under 10 Del. C. § 8106 and any property-specific provisions, with accrual tied to when the taking is complete and known. The applicable period is fact-dependent — confirm with counsel and file early.
• Jury and compensation. In Delaware condemnation, the amount of compensation is determined by a jury; other issues are decided by the court. Confirm jury-demand procedure under Super. Ct. Civ. R. 38.
• Attorney fees. 29 Del. C. ch. 95 provides for reimbursement of reasonable attorney, appraisal, and engineering fees where a condemnation fails or is abandoned, and for reimbursement of certain acquisition expenses. Federal claims may support fees under 42 U.S.C. § 1988. Delaware does not broadly fee-shift in routine eminent domain.

15. SOURCES AND REFERENCES

• Del. Const. art. I, § 8 — https://delcode.delaware.gov/constitution/
• 10 Del. C. ch. 61 (Condemnation) — https://delcode.delaware.gov/title10/c061/index.html
• 29 Del. C. ch. 95 (Eminent Domain; § 9504 inverse condemnation) — https://delcode.delaware.gov/title29/c095/index.html
• 10 Del. C. § 8106 (limitations of actions)
• Knick v. Township of Scott, 588 U.S. 180 (2019)
• Lucas v. S.C. Coastal Council, 505 U.S. 1003 (1992)
• Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978)
• Superior Court Civil Rules — https://courts.delaware.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Delaware must review and customize this document before filing. Laws, citations, limitations periods, and court rules change; verify all authorities before use.