Takings and Trespass: Trespass Liability for Precondemnation Entries

44 Pages Posted: 26 Sep 2007  

Ann M. Burkhart

University of Minnesota - Twin Cities - School of Law

Date Written: September 24, 2007

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

Suggested Citation

Burkhart, Ann M., Takings and Trespass: Trespass Liability for Precondemnation Entries (September 24, 2007). Minnesota Legal Studies Research Paper No. 07-42. Available at SSRN: https://ssrn.com/abstract=1016781 or http://dx.doi.org/10.2139/ssrn.1016781

Ann M. Burkhart (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

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