I need some thoughts on this since I do not actively practice Inverse Condemnation. I had a huge shade tree cut down by the state highway department, and it sounded in negligence. The Board of Claims is where you file a claim for negligence by a state agency. It was only one tree, but they negligently trespassed on my property, did not have a plat of the property, lied on a signed and sworn affidavit about the position of the tree. This tree was about four foot around and provided shade in my yard, and I live in a rural area.
I did not receive any notice of this. I was not living on the property, but was there everyday because I had been flooded out of home and the house had to be redone. I also picked up mail everyday. I filed the claim and it was dismissed by the Board on summary judgement. I appealed this dismissal to the Circuit Court, the location to appeal to. They reversed and remanded back to the Board of Claims, so I received a hearing on the matter. I won and received an award. It went before a hearing officer and also before the Board before the Order was approved.
However, the Highway Department, the department that was negligent filed for review of that Order in the Circuit Court. We had to file briefs again and had oral arguments. I over prepared, but the only question that was asked was why did I not file this in circuit ourt as an inverse condemnation case? I stuck behind the filing of the Board of Claims as a negligent action and that was the proper forum to file it under according to statutory law. This was before the original Circuit Judge who had remanded it back to the Board of Claims so that I would receive a hearing.
I received the Order, and my claim was dismissed without prejudice, because the Board of Claims did not have jurisdiction of the claim. Instead of filing it in the Board of Claims, the Opinion states I should have filed the case in Circuit Court as in inverse condemnation case. The opinion goes on to argue why although I had couched the claim as negligence it was really inverse condemnation. I have found errors. The Opinion says that trespass is an intentional tort, however, I have found case law where there is negligent trespass. Also inverse condemnation was never brought up in the Board of Claims area. The only place it was brought was in the state's brief, and the Opinion states it was not fleshed out. The Opinion then goes on to flesh it out.
I'm stunned by all of this. I have worked so hard to get the award, and then it was wiped out by this ruling.
I did not receive any notice of this. I was not living on the property, but was there everyday because I had been flooded out of home and the house had to be redone. I also picked up mail everyday. I filed the claim and it was dismissed by the Board on summary judgement. I appealed this dismissal to the Circuit Court, the location to appeal to. They reversed and remanded back to the Board of Claims, so I received a hearing on the matter. I won and received an award. It went before a hearing officer and also before the Board before the Order was approved.
However, the Highway Department, the department that was negligent filed for review of that Order in the Circuit Court. We had to file briefs again and had oral arguments. I over prepared, but the only question that was asked was why did I not file this in circuit ourt as an inverse condemnation case? I stuck behind the filing of the Board of Claims as a negligent action and that was the proper forum to file it under according to statutory law. This was before the original Circuit Judge who had remanded it back to the Board of Claims so that I would receive a hearing.
I received the Order, and my claim was dismissed without prejudice, because the Board of Claims did not have jurisdiction of the claim. Instead of filing it in the Board of Claims, the Opinion states I should have filed the case in Circuit Court as in inverse condemnation case. The opinion goes on to argue why although I had couched the claim as negligence it was really inverse condemnation. I have found errors. The Opinion says that trespass is an intentional tort, however, I have found case law where there is negligent trespass. Also inverse condemnation was never brought up in the Board of Claims area. The only place it was brought was in the state's brief, and the Opinion states it was not fleshed out. The Opinion then goes on to flesh it out.
I'm stunned by all of this. I have worked so hard to get the award, and then it was wiped out by this ruling.