Who may file a lawsuit for inverse condemnation?

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The ability to file a lawsuit for inverse condemnation typically rests with property owners who have been deprived of the use or value of their property due to government action without just compensation. In this context, a homeowner represents a private property owner who can argue that their property rights have been violated due to government actions, such as zoning changes, road construction, or other developments that significantly affect their property.

When the government takes action that affects private property, the affected homeowner can claim that they have effectively lost the property's value or use. Inverse condemnation allows the homeowner to seek compensation for those losses, effectively holding the government accountable for not providing due compensation as required under the Fifth Amendment, which ensures that private property taken for public use must be justly compensated.

Other options, such as the construction company or local government, typically do not have standing in inverse condemnation cases as they are not the parties whose property rights are affected. Tenants, while they may have certain rights, do not own the property and thus cannot claim inverse condemnation against the government for actions affecting the property owner. This legal framework underscores the importance of property rights and the necessity for government to compensate owners for the impacts of their actions on privately held property.

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