Civil Litigation,
Constitutional Law
Nov. 20, 2017
Inverse condemnations finds new life after spate of wildfires
Until recently, inverse condemnation remained a relatively arcane area of California law. The recent wildfires, which spawned litigation by homeowners and their subrogating insurers, may have breathed new life into this liability theory.
Mark S. Roth
Member
Cozen O'Connor
Email: mroth@cozen.com
Mark is a former office managing partner of the Los Angeles office of Cozen O'Connor, which he opened when he joined the firm in 1995.
Until recently, inverse condemnation remained a relatively arcane area of California law. A spate of wildfires, spawning litigation by homeowners and their subrogating insurers, has breathed new life into this liability theory.
Inverse condemnation is an eminent domain action initiated by the property owner, rather than the government. Essentially, it is unintended eminent domain -- i.e., the defendant did not intend to condemn/damag...
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