CaseMark 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
4. Factual Narrative (Chronological, Numbered Paragraphs)
- Property — address, legal description, APN, acreage, zoning, permitted uses
- Pre-taking condition — structures, improvements, actual use, development plans
- Investment-backed expectations — purchase price, improvements, reasonable use expectations
- Government action — dates, officials/agencies, stated justification, legal authority cited
- Physical impact — area affected, nature of interference (flooding, occupation, encroachment, permit denial, regulatory restriction)
- Economic impact — FMV diminution with figures, income loss, duration, permanence
- Exhaustion — claims submitted, hearings, variance requests, government refusal to compensate
5. Causes of Action
Select applicable theory(ies):
| Type | Elements | Authority |
|---|---|---|
| Physical (per se) | Permanent physical occupation; compensation required regardless of public interest/economic impact | Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982) |
| Regulatory (Penn Central) | (1) Economic impact; (2) interference with investment-backed expectations; (3) character of government action | Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978) |
| Total regulatory (Lucas) | Denies ALL economically beneficial use; not restricted by background nuisance/property law | Lucas v. S.C. Coastal Council, 505 U.S. 1003 (1992) |
| Temporary | Deprived all use/value for specific period; compensation required even if regulation later withdrawn | First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987) |
For each: allege constitutional provision violated, identify government purpose/public use, emphasize compensation arises from fact of taking.
6. Damages
| Component | Measure |
|---|---|
| Total taking | FMV as of date of taking |
| Partial taking | FMV before minus FMV after, plus severance damages |
| Temporary taking | Rental/use value for deprivation period |
| Consequential (if allowed) | Goodwill, relocation, loss of access, damage to remainder |
| Pre-judgment interest | From date of taking through judgment |
| Attorney fees | § 1988 (§ 1983 claims) or state fee-shifting statutes |
Include preliminary damage estimate; preserve right to prove exact amount at trial.
7. Prayer for Relief
- Just compensation (not less than $[amount])
- Pre-judgment interest from date of taking
- Post-judgment interest
- Attorney fees and costs (cite § 1988 or state authority)
- Declaratory relief that a taking occurred
- Injunctive relief if applicable
- Jury trial demand
- Such other relief as the court deems just
8. Verification & Signature
- Verification under oath if required (28 U.S.C. § 1746 for federal)
- Attorney signature block with bar number, firm, contact info
- Rule 11 certification
- Civil cover sheet (federal) or case information statement (state)
Pitfalls & Checks
- Ripeness is jurisdictional — deficient exhaustion means dismissal; verify final decision and compensation procedure pursuit thoroughly
- State variations — standards, limitations periods, and fee-shifting rules vary significantly by state; research jurisdiction-specific elements
- Specificity — every factual allegation must tie to documentary evidence; avoid conclusory statements
- Paragraph numbering — consecutive throughout entire complaint
- Format — comply with local rules (margins, spacing, font, page numbering)
- Rule 11 — all claims must be well-grounded in fact and law
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