Section 30 Physical Invasion/Inverse Condemnation

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

Although a land use regulation ordinarily could not in itself constitute a physical invasion of property, if such a claim was asserted, sovereign immunity would generally bar actions in the form of a trespass or nuisance. See, e.g., Heins Implement Co. v. Mo. Highway & Transp. Comm'n, 859 S.W.2d 681, 689 (Mo. banc 1993) (abrogated on other grounds) (inverse condemnation proper avenue for government diversion of surface water). Missouri courts have held that "[i]nverse condemnation is the exclusive remedy...