When the Government Takes Without Asking – You Still Have Rights
In Florida, if the government damages or interferes with your property in a way that reduces its use or value—but never formally files an eminent domain case—you may still be entitled to compensation. That’s known as
inverse condemnation. At Papalas & Griffith, we represent property owners throughout Florida when the state, a county, or a city crosses the line without going through the proper process.
What Is Inverse Condemnation in Florida?
Inverse condemnation occurs when a government agency effectively takes or devalues private property without filing a formal eminent domain lawsuit. Instead of the government initiating the taking, the landowner must sue for payment. It’s “inverse” because the roles are reversed—but the constitutional rights are the same.
If your property was flooded due to government drainage, your access was cut off by a road project, or a regulation made your land useless, you might have an inverse condemnation claim.
Examples of When Inverse Condemnation Happens
Regulatory Overreach – A new zoning rule, environmental restriction, or land-use regulation strips your property of its usable value. If the regulation leaves no reasonable economic use, the law treats it as a taking.
Flooding & Drainage Changes – Government construction or drainage systems divert water onto your land, causing permanent or recurring flooding. Courts have ruled that flooding from public projects can trigger compensation.
Loss of Access or Functionality – A road redesign blocks the only entry to your business. Construction leaves a property inaccessible. If the government action makes the land unusable, that may be a taking.
Physical Use Without Permission – A utility installs power lines or water mains across your land without a formal easement or offer. Even if it’s a small footprint, permanent occupation can support a claim.
Emergency Actions or Occupations – In rare cases, if law enforcement or emergency agencies seize or occupy property in a way that causes permanent damage or denial of use, compensation may be warranted.
Florida Law Protects Owners from De Facto Takings
Under Article X, Section 6 of the Florida Constitution, no private property may be taken except for a public purpose and with full compensation. That includes formal and informal takings. Florida courts recognize both physical and regulatory inverse condemnation, allowing landowners to fight back when their rights are violated without a court proceeding.
Whether the issue stems from FDOT, a utility company, or a local municipality, landowners have the right to demand payment when their property is compromised by government action.
How an Inverse Condemnation Claim Works
Unlike typical eminent domain cases, the property owner initiates the lawsuit. Here's what that process often looks like:
- Damage Occurs or Access is Lost
- Evaluation – Legal and expert review to determine if the interference qualifies as a taking
- Filing Suit – The landowner sues the government agency for inverse condemnation
- Valuation – Experts may be needed to assess lost use, reduced value, or physical harm
- Court Ruling or Settlement – If successful, the court orders the government to pay just like it would in a formal taking
Florida law also allows recovery of attorneys’ fees and costs if the claim succeeds. This levels the playing field and ensures landowners aren’t left footing the bill to defend their rights.
Real-World Example:
When the Government Floods Private Land
Let’s say a county builds a new retention pond or redirects stormwater onto your land, leading to seasonal flooding that didn’t exist before. If that flooding is permanent or ongoing and significantly interferes with your use of the land, you may have a valid inverse condemnation claim—even if no one from the government filed an action or offered to pay.
You Don’t Have to Shoulder the Burden Alone
Proving inverse condemnation can be complex. It requires tying the government’s action directly to a measurable loss of value, function, or access. That’s why we work with trusted appraisers, engineers, and planners to build a strong case.
And because Florida law often requires the government to pay legal fees in successful inverse condemnation cases, you won’t have to pay out of pocket for our representation. We take these cases seriously because your property rights matter.
Not a Formal Taking? You May Still Be Entitled to Compensation
If no eminent domain action was filed but your property has been harmed, don’t assume there’s nothing you can do. We’ve seen road projects, land use rules, and government infrastructure all cause significant losses—without anyone offering to make it right. That’s when inverse condemnation comes in.
Contact us today to talk through your situation. We’ll evaluate your case and help you understand your rights under Florida law.
Frequently Asked Questions About Inverse Condemnation in Florida
What is the difference between eminent domain and inverse condemnation?
Eminent domain is when the government formally files a case to take your property for public use, offering compensation upfront. Inverse condemnation is the opposite—you, the property owner, must sue the government after they’ve taken or damaged your property without going through the proper legal steps.
Can I sue the government if they flooded my land?
Yes. If flooding is caused by a public project—like altered drainage, a new retention pond, or changes to water flow—and it significantly impacts your use of the property, you may have an inverse condemnation claim under Florida law.
Do I have to prove the government intended to take my land?
No. What matters is the effect, not the government’s intent. If their actions resulted in a permanent or significant loss of value, access, or use, that can qualify as a taking—even if it was accidental or unintentional.
Is a zoning change or land-use restriction considered a taking?
Sometimes. If a regulation deprives your land of all reasonable economic use—such as preventing you from building, farming, or otherwise using the property—it could be considered a regulatory taking and may support an inverse condemnation claim.
Will I have to pay legal fees to file an inverse condemnation claim?
Typically no. If your case succeeds, Florida law requires the government to pay your reasonable attorney’s fees and costs. That means we’re often able to represent landowners without upfront charges.
How long do I have to file an inverse condemnation claim in Florida?
There is a limited window to file, but it depends on the facts. Generally, the clock starts when the damage or interference becomes apparent. It’s important to speak with an attorney as soon as you notice a problem.
What if I’m not sure if my case qualifies?
Contact us. We offer free consultations to help Florida landowners determine if the government’s actions may give rise to a claim. We’ll assess the facts and explain your options clearly.