| name | inverse-condemnation-complaint |
| title | Inverse Condemnation Complaint |
| description | Drafts inverse condemnation complaints seeking just compensation for government takings without formal eminent domain. Use when a user needs a takings clause complaint, inverse condemnation pleading, or property rights constitutional claim involving physical, regulatory, or temporary takings. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/inverse-condemnation-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | real-estate |
| language | en |
| tags | ["drafting","litigation","pleading"] |
Inverse Condemnation Complaint
Draft a complaint seeking just compensation for property taken or damaged by government action without formal condemnation proceedings, under the Fifth and Fourteenth Amendments.
Prerequisites
Collect before drafting:
- Property docs — deed, legal description, APN, title report, acquisition date/price
- Government action records — notices, permits denied/revoked, regulatory decisions, correspondence
- Valuation evidence — before/after appraisals, comparable sales, income loss documentation
- Administrative exhaustion — claims filed, hearings, variances sought, negotiation history
- Physical evidence — photos, surveys, engineering reports of damage or occupation
- Party identification — full legal names of all plaintiff owners and defendant government entities
Quick Start
- Identify taking type (physical, regulatory, total regulatory, temporary)
- Confirm ripeness — final government decision obtained and state compensation procedures pursued
- Choose forum (federal vs. state) and verify jurisdiction
- Draft complaint sections in order below
- Validate against pitfalls checklist
Complaint Structure
1. Caption & Introduction
- Title: "Complaint for Inverse Condemnation and Just Compensation"
- State constitutional basis (Fifth via Fourteenth Amendment, state provision, 42 U.S.C. § 1983), taking type, and timeframe
2. Jurisdiction
| Forum | Basis | Requirements |
|---|
| Federal | 28 U.S.C. § 1331 or § 1343 (§ 1983) | Final decision per Williamson County v. Hamilton Bank [VERIFY]; address Tucker Act inapplicability for state/local defendants |
| State | State takings provision + inverse condemnation statute/common law | State-specific limitations period; venue where property is located |
Allege ripeness: (1) final government decision on regulation/permit; (2) state compensation procedures pursued or shown inadequate/unavailable.
3. Parties
- Plaintiff: Name (as on deed), address, ownership interest type, acquisition date, proportionate interest if multiple owners
- Defendant(s): Official entity name, address, registered agent, responsible agency/department; entity in corporate capacity and/or officials in official capacity
