Inverse Condemnation Defense for Disaster and Mass-Tort Claims

Inverse condemnation claims are increasingly being filed against public agencies and private utilities after major natural and man‑made disasters. Our attorneys focus on inverse condemnation and mass tort defense and have extensive experience representing government entities and investor‑owned utilities in these complex, high‑stakes cases.

Drawing on deep knowledge of the legal, engineering, regulatory and public policy issues involved, we provide a strategic and technically informed defense at every stage of inverse condemnation and disaster‑related mass tort litigation.

What Is Inverse Condemnation?

Inverse condemnation is a legal claim that arises when private property is taken or damaged for public use without a formal eminent domain action or payment of just compensation.

In the disaster context (e.g. flooding, wildfires, landslides and sea‑level rise) these claims often allege that property damage is connected to public infrastructure, including:

• Flood control systems
• Utility corridors and power lines
• Roadways and drainage systems
• Pipelines, dams, reservoirs and estuaries
• Other public works and critical infrastructure

In a traditional eminent domain case, the government initiates formal proceedings to take property. By contrast, inverse condemnation cases are usually brought by property owners after damage has occurred, targeting a public agency or utility and seeking compensation.

Disaster and Mass Tort Focus

Nossaman has Deep Experience in Inverse Condemnation Defense

Inverse condemnation claims are particularly challenging when plaintiffs attempt to impose strict liability on public entities or utilities following widespread damage. We help clients:

• Defend inverse condemnation claims arising from wildfires, floods, landslides, odors, storms, sea-level rise, or other disasters
• Address allegations tied to power transmission, water systems, dams, drainage systems, reservoirs, estuaries, pipelines, roads and other public infrastructure

• Navigate disputes involving natural vs. man‑made causation
• Manage parallel mass tort, class action and coordinated proceedings
• Develop strategy on risk allocation, cost recovery and mitigation

We evaluate liability using a comprehensive approach—considering causation, proportional responsibility, constitutional standards and evolving case law—while tailoring defense strategy to our clients’ operations, regulatory obligations and public responsibilities.

Our team has a strong track record defending large‑scale, high‑stakes inverse condemnation cases involving allegations that a public entity or utility caused or substantially contributed to significant property loss or damage.

Coordinated Defense in High‑Stakes Mass Tort Litigation

Disaster‑related inverse condemnation actions frequently involve thousands of claims, intense public scrutiny and overlapping regulatory and political considerations. We are experienced in:

We are experienced in:

• Coordinated and complex proceedings
• Managing large‑scale discovery
• Defending against damage theories involving loss of use and diminution in value claims
• Working seamlessly with engineers, geologists, environmental consultants and economic experts
• Supporting settlement, mediation, or trial strategies based on risk and precedent
• Policy and legislative solutions

Our approach emphasizes early case assessment, disciplined and cost-efficient litigation management and defensible legal positions designed to withstand appellate review and public scrutiny in high profile matters.

Representative Clients

• Sonoma-Marin Area Rail Transit. Defended client in securing a complete defense verdict after trial in class action-style quiet title and inverse condemnation real estate litigation (more than 150+ plaintiffs with multiple lawsuits) concerning the scope of rights and use of an active rail corridor and SMART’s ability to construct and operate a multi-use pedestrian and bicycle pathway within the corridor. The successful verdict was featured in the Daily Journal.
• Defending public agency in mass tort and inverse condemnation action with more than 13,000 Plaintiffs claiming damage from odor allegedly stemming from flood control infrastructure and other sources.

• Defending public agency in class-action lawsuit with more than 1,300 plaintiffs involving inverse condemnation and other tort-related flooding claims (such as trespass, nuisance and negligence) associated with various public infrastructure improvements in San Diego County.

• Defending water utility in large-scale lawsuit with more than 60 property owners claiming damage from landslides and land movement in Los Angeles County. 

• Defending city in inverse condemnation action associated with the purported flooding of property and raising of the water table from releasing water from a dam in San Diego County.
• Advising water and electric utility companies on large-scale class-action lawsuits associated with wildfires throughout the State of California, including legislation and opportunities for inverse condemnation reform.