Keywords: Condemnation; Inverse Condemnation; Fifth Amendment & Fourth Amendment of the U.S. Constitution; Taking of Property without Just Compensation;.

When either the state or federal government takes your property for its use, it must pay just compensation. But when does a government act constitute a taking even if you are allowed to remain in possession? The leading case states:

"Property which has been taken in fact by the governmental defendant even though no formal exercise of the powers of eminent domain has been attempted..."

What are typical situations?

1. A permit that the property owner is entitled as a matter of right is conditioned upon some quid pro quo of the property owner such as deeding a portion of the property to the government or paying a fee to perform certain public improvements.
2. The use of the property is impaired in whole or in part, due to the actsof the government,
   1. Cable TV operator access to your property
   2. Foul odors generated by the government
   3. Airport fly zones flying over your property
   4. Health injury due to exposure to high voltage power lines
   5. Wetlands prohibiting use or development of a property.

What to do??