What inverse condemnation means
Inverse condemnation is a lawsuit brought by the property owner against the government when property has been taken or damaged for a public use but no formal condemnation was filed. The owner bears the burden of proving both the government act and the resulting loss.
Common fact patterns
Recurring drainage flooding from a redesigned public system, permanent access loss from a road-project change, and regulatory limits that leave no reasonable economic use of a parcel are the most frequent scenarios in South Carolina.
Statute of limitations
Inverse condemnation actions are subject to strict time limits that vary based on when the damage was discoverable. Delay is fatal to many otherwise valid claims. If you suspect a taking without formal process, obtain counsel promptly.