This legal concept arises when a governmental entity takes private property for public use without formally exercising its eminent domain power. The property owner, rather than the government, initiates legal action to recover just compensation for the taking. An example occurs when a new highway construction project redirects significant stormwater runoff onto adjacent private land, rendering it unusable. In such a case, the affected property owner could sue the government, alleging an unconstitutional taking of their property through the government’s actions.
The significance lies in protecting property owners’ constitutional rights against governmental overreach. It ensures that landowners are fairly compensated when government actions effectively deprive them of the use or value of their property, even in the absence of a formal condemnation proceeding. Historically, this legal avenue has served as a vital check on government power, providing recourse for individuals whose property rights have been infringed upon by governmental activities. It prevents a situation where government can effectively acquire property without bearing the cost of doing so.
