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The owner of the property which was located near an airport was constantly bothered by the noise of low-flying aircraft. He wanted to bring Court action and force the city to condemn the property because of the noise: this would be an example of

(A) condemnation
(B) inverse condemnation
(C) escheat
(D) eminent domain

1 Answer

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Final answer:

The correct answer is (B) inverse condemnation, which is when the property owner seeks compensation for their property taken by the government without following proper eminent domain procedures.

Step-by-step explanation:

The scenario described by the student involves a property owner wanting the city to purchase his property due to the nuisances caused by nearby airport activities. This legal action is identified as inverse condemnation, which occurs when the government takes private property without following eminent domain procedures, causing the property owner to sue to obtain compensation. While eminent domain is the action initiated by the government to take private property for public use with just compensation, inverse condemnation is initiated by the property owner when their property is devalued or taken without proper compensation or procedure. The terms condemnation and escheat are not directly related to this context; condemnation can refer to the process of declaring a building unfit for use, while escheat refers to the state's power to claim property when the owner dies without a will or lawful heirs.

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