Article I, Section 19 of The California Constitution provides that just compensation be paid when private property is taken or damaged for public use. *STOP* Take a deep breath. It is not as tough as it sounds. In fact, after reading this blog you’ll likely find yourself asking "Why haven’t I used inverse condemnation as a cause of action in fire cases before?".
The Shield: In California, government entities require an injured party to file a claim within six (6) months of an incident to preserve a cause of action for Dangerous Condition of Public Property. Inverse condemnation does not require the filing of any claim form and has a three (3) years statute of limitations. Even assuming you win the race to file a timely notice, you will still need to prove the public entity or utility had notice of the dangerous condition in order to prevail under a Dangerous Condition of Public Property cause of action. Inverse Condemnation has no requirement to prove notice of the dangerous condition.
Inverse condemnation is a recognized cause of action in many jurisdictions, though its application varies from state to state. Still, the next time you receive a fire loss in which a government entity or privately owned public utility company is a potential defendant, look to see if the elements of inverse condemnation are met. If so, don’t be afraid to wield the sword and reap the benefits.