Page "Regulatory taking" Paragraph 14

Inverse condemnation is a term which describes a claim brought against the government in which a property owner seeks compensation for a ` taking ' of his property under the Fifth Amendment.

The term “ inverse ” is used, because usually condemnations are brought by the government.

The inverse condemnation action seeks to compel compensation as if formal condemnation proceedings had been brought.

See San Diego Gas & Electric Co. v. City of San Diego, 450 U. S. 621, 638 n. 2 ( 1981 ) ( Justice Brennan dissenting ); United States v. Clarke, 445 U. S. 253, 257 ( 1980 ); Agins v. City of Tiburon, 447 U. S. 255, 258 n. 2 ( 1980 ).