Title: Theory and practice in inverse condemnation for five representative States
Description: Claims are examined and analyzed of alleged takings or damage to private property for public purposes without payment of just compensation and without formal appropriation in the following states: California, Florida, New York, Pennsylvania, and Texas. The laws of these states are described and numerous cases cited on inverse condemnation from these states to relate the basis and extent of liability awarded by the courts. The report concentrates on inverse condemnation claims of injury to drainage, withdrawal of lateral support, and injury to land caused by highway construction operations. For each of the selected states, the following is presented: the status of the doctrine of sovereign immunity, the legal basis on which land owners alleging injuries may bring actions against the state for compensation, the procedural defenses to such claims, and the state's defenses under substantive law.
Subjects: States, Right of way, Compensation claims, Adjoining landowners, Inverse condemnation, Eminent domain