What is the difference between an inverse condemnation and an eminent domain proceeding?

California, United States of America


The following excerpt is from People ex rel. Dept. Pub. Wks. v. Romano, 18 Cal.App.3d 63, 94 Cal.Rptr. 839 (Cal. App. 1971):

4 In an inverse condemnation action the burden of alleging and proving owner's property right and the infringement thereof is on the property owner, while in an eminent domain proceeding the condemning authority affirmatively alleges ownership in the property owner, the contemplated taking and severance, and seeks a determination by the court of issues confided by law to its decision, as well as a determination by the jury, unless one be waived, of the compensation which should be paid to the property owner. (People v. Ricciardi, supra, 23 Cal.2d 390, 400, 144 P.2d 799.)

5 We observe that the property, at the time of the taking, was zoned residential.

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