Construction Damage Is Not A Property Taking

Construction damage rendering a building unusable does not rise to a taking of a private property interest, a Court has ruled. The Plaintiff owns a church building and property. Two construction projects over which the Department of Transportation and the city has jurisdiction caused vibrations that damaged the church building. The city notified Plaintiff that that the building was a public hazard and ordered it vacated. Unless repaired, the building was to remain unoccupied. Since the cost of repairing the building was at least $3.9 million and its fair market value before the damage was only $580,000, it was not financially feasible to restore the building. Since neither the city nor the department was prepared either to repair and restore the building or to condemn the property, Plaintiff filed suit, alleging that their actions constituted a taking under the Fifth Amendment of the U.S. constitution. The Court held the U.S. Constitution provides that private property shall not be taken for public use, without just compensation. Here, however, the damage was caused by vibrations that were of a temporary nature. As a result, there was no servitude and the only recovery the Plaintiff may have is through an action for damages at law.