Takings and Trespass: Trespass Liability for Precondemnation Entries

Abstract:     
When the government, a utility company, or another entity with the power of eminent domain enters land before acquiring it, the courts are extremely divided about whether the landowner can sue for trespass or only for inverse condemnation. A court's decision on this issue has tremendous practical implications. For example, it substantially affects the remedies that are available to the landowner, including its right to recover the property. The court's decision also has significant public policy implications because it involves the balance between government sovereignty over land and protection of private property rights.

Keywords: eminent domain, takings, inverse condemnation, trespass, government liability

Working Paper Series