; and (B) shall not include— (i) a condemnation action filed by the United States in an applicable court; or (ii) an action filed by the United States relating to criminal forfeiture. 5. Compensation for taken property (a) In general No agency shall take private property in part or in whole except for public purpose and with just compensation to the property owner. A property owner shall receive just compensation if— (1) as a consequence of a decision of any agency private property (in part or in whole) has been physically invaded or taken without the consent of the owner; and (2) (A) such action does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (B) such action exacts the owner’s constitutional or otherwise lawful right to use the property or a portion of such property as a condition for the granting of a permit, license, variance, or any other agency action without a rough proportionality between the stated need for the required dedication and the impact of the proposed use of the property; (C) such action results in the property owner being deprived, either temporarily or permanently, of all or substantially all economically beneficial or productive use of the property or that part of the property affected by the action without a showing that such deprivation inheres in the title itself; (D) such action diminishes the fair market value of the property which is the subject of the action by the lesser of— (i) 20 percent or more with respect to the value immediately prior to the governmental action; or (ii) $20,000, or more with respect to the value immediately prior to the governmental action