The state and federal constitutions prohibit the state from taking property without just compensation. U.S. Const. amend. When the government has taken property without formally using its eminent domain powers, the property owner has a cause of action for inverse condemnation. If a city council fails to follow the proper procedure in razing property, the destruction of property without due process of law constitutes a taking, entitling the plaintiff to a determination of damages by the district court. But when the state properly uses its police powers to abate a nuisance by destroying property, no taking occurs and the landowner is not entitled to compensation.
Mandamus is the proper vehicle to assert a claim for inverse condemnation.
Vern Reynolds Constr. An inverse condemnation action may require two separate factual determinations. If so, the matter goes before the commissioners to set the dollar amount of harm the owner has suffered. If appealed, the matter again goes to the district court fact-finder to address the amount of damages. In a mandamus action for inverse condemnation, the petitioner is not entitled to move to the damages stage unless the mandamus court determines there is a taking.