The trial of a typical inverse condemnation action is bifurcated. First, there is a bench trial to determine liability, and if the judge determines that a taking has occurred, there is a second (typically jury) trial to determine compensation. Some states (i.e., New York, Connecticut and Rhode Island) do not provide jury trials in such cases. The measure of compensation is the same as in direct condemnation actions in which the government concedes that a taking has occurred, and the sole issue is the amount of compensation.
