Inverse Condemnation (also known as factual expropriation or regulatory taking) is a legal concept where the government effectively takes or renders private property useless without a formal expropriation procedure and without paying compensation. Unlike standard eminent domain where the government initiates the process, here the citizen must sue the government to prove that their property rights have been restricted to such an extent that it amounts to a taking. In Georgia, this often happens during infrastructure projects: for example, road construction causes land flooding, noise renders a house uninhabitable, or zoning changes prohibit building on your plot. In such cases, you have a constitutional right to demand compensation. Legal.ge offers access to lawyers who will help you recover damages caused by the state's actions.
What Does Inverse Condemnation Service Cover?
This is a complex administrative dispute requiring solid evidence. Services include:
- Proving Factual Taking: Gathering evidence that state action (e.g., placing a landfill nearby) has made your property unusable.
- Regulatory Taking Claims: Disputing zoning or legislative changes that destroyed your property's value (e.g., a ban on construction).
- Physical Damage Compensation: Claims for cracks or structural damage to buildings caused by nearby government construction works.
- Lost Profit Claims: Compensation for business losses caused by state interference (e.g., road closure caused a shop to lose customers).
- Demand for Buyout: Forcing the state through court to purchase the property that has become impossible to use.
Real-World Scenarios Where You Need a Lawyer
For example, the City Hall built an overpass right in front of your windows. Formally, they didn't take your apartment, but due to constant noise and exhaust, living there is impossible, and the value dropped to zero. This is factual expropriation. A lawyer will help you prove that your property rights were infringed and demand a buyout at market value. Another example: you owned building land, but a new General Plan reclassified it as a recreational zone, banning construction. Your investment is worthless. This is a "regulatory taking," which is also compensable.
Georgian Legal Framework
Inverse condemnation is based on Article 19 of the "Constitution of Georgia" (Property Rights) and Article 1005 of the "Civil Code of Georgia" (Liability for damages caused by state servants). ECHR case law (e.g., Protocol 1, Article 1) is also widely used in Georgian courts to prove that "factual" restriction of property equates to taking and requires compensation. The "General Administrative Code" (Article 209) also provides for compensation for damages caused by lawful or unlawful actions of an administrative body.
The Process Step-by-Step
1. Expertise: Obtaining a report from the Samkharauli Bureau or a licensed expert proving damage or devaluation caused by state action. 2. Administrative Complaint: Filing a claim for damages with the relevant agency (e.g., City Hall). 3. Lawsuit: If denied, suing the administrative body in court. 4. Causation: Proving in court that the damage is directly linked to the state's action.
Why Choose a Specialist on Legal.ge?
Factual expropriation disputes are legally challenging because the state rarely admits fault without a formal procedure. On Legal.ge, you will find administrative law specialists experienced in litigating against state bodies who know how to turn your loss into compensation.
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