A lawsuit for inverse condemnation may be initiated by which of the following?

Prepare for the Oklahoma Broker Exam. Dive into flashcards and multiple choice questions with detailed hints and explanations. Ace your exam!

A lawsuit for inverse condemnation is a legal action taken by a property owner when they believe that their property has been effectively taken by the government for public use, but no formal condemnation proceedings have occurred, and they have not received just compensation as required by the Fifth Amendment of the U.S. Constitution.

In this context, homeowners are the correct choice because they possess ownership rights to the property that has been adversely affected by government action, such as zoning changes, regulation, or other activities that diminish the property's value or usability. The homeowner can argue that despite the government’s lack of formal condemnation, they are entitled to compensation due to the negative impact on their property caused by governmental actions.

While business owners, tenants, and the government may be involved in similar situations, only the property owner—here represented by homeowners—can initiate inverse condemnation proceedings. Business owners may also hold property rights, but they are not specifically addressed in this question. Tenants, being in possession of a property rather than owning it, do not possess standing for this type of lawsuit. The government cannot initiate an inverse condemnation suit; rather, it is the subject of such suits when a claim is made against it for taking property without just compensation.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy