California Eminent Domain Attorneys

- Los Angeles

Eminent Domain Law

The government's power of eminent domain can be intimidating to an owner of California property who is facing the prospect of condemnation or having his or her property acquired for a public project. The acquisition of property by condemnation can be disruptive to one's personal life as well as to one's business.

When a property is being acquired by a government agency under a threat of condemnation through the power of eminent domain, a property or business owner should immediately explore hiring an experienced eminent domain lawyer. This is advisable for several reasons.

1. Independent Valuation of Property. The government's acquisition agent will always explain that the offer being made is based on an appraiser's determination of fair market value. However, the property owner should remember - the appraiser determining fair market value was hired by the government agency.

Another appraiser could have a different and significantly higher opinion of fair market value. However eminent domain law normally permits the government to rely only on its appraisal during the negotiation process, even if an owner believes his or her property is worth more. It could be a costly mistake for a property owner to accept the government appraisal without further exploration of the potential disparity in values that is at stake. An experienced eminent domain attorney will work closely with a qualified real estate appraiser to assist you in arriving at just compensation.

2. Court-Supervised Eminent Domain Proceedings. An experienced Los Angeles eminent domain attorney can assist you in dealing with the inequality in bargaining positions, which often may only be possible through a court proceeding. Settling without evaluating this option could be a costly decision.

After the agency and the owner get beyond the initial negotiation, the eminent domain condemnation process is commenced in and supervised by the court. In court the property owner may seek just compensation that will reflect opinions of fair market value from appraisers hired by both sides, not only the agency side.

3. Recoverable Elements in Condemnation. An experienced eminent domain lawyer can assist you in receiving just compensation for the total value of all interests in the property that may suffer condemnation. This may include real estate, business goodwill and trade fixtures and equipment. In the case of the condemnation of one's home or business, the owner may also be entitled to relocation benefits.
4. Business Goodwill Loss - In an eminent domain case resulting in the government’s acquisition of a business location, the result will be the displacement of the business. In some cases, the business will be able to successfully relocate. In other cases, despite the business owner’s best efforts to relocate, the business may not be able to relocate. An experienced California eminent domain attorney can represent the business owner in seeking recovery for loss of business goodwill. Business goodwill is the intangible value of a business after deducting the value of all tangible assets from the total business value. In loss of business goodwill, unlike in a real estate case in eminent domain, the business owner has the burden of proof to establish the existence of goodwill, that the goodwill loss could not have been avoided by a successful relocation and that the goodwill loss is not already being compensated for in the form of relocation benefits. Entitlement is tried to the court without a jury. Once entitlement to goodwill loss is established, the amount of goodwill loss is determined by a jury with no burden of proof. With the differing levels of proof required in goodwill loss cases, experience of the eminent domain attorney is of critical importance.
5. Relocation Benefits - Businesses forced to relocate due to eminent domain are entitled to relocation benefits to facilitate a proper move of the business and its equipment and inventory. Relocation benefits are not technically compensation in the eminent domain proceeding. Rather, they are payments that arise under the Government Code and under a highly technical and detailed set of regulations. An experienced eminent domain attorney can assist you in ensuring receipt of all relocation benefits to which you are entitled under the law.
6. Environmental Contamination and Remediation. In recent times, the practice of eminent domain condemnation has taken on an additional dimension involving environmental contamination and remediation of property. In cases involving contaminated property, the government agency may attempt to deduct the cost of environmental remediation from the value of the property. Our California eminent domain lawyers have successfully tried environmental contamination claims to jury verdict. Whether the environmental component of a case is tried or settled, an eminent domain lawyer's experience can make a significant difference in your outcome.

Eminent domain valuation trials are generally jury trials. When deciding to engage an eminent domain lawyer, it is important to evaluate the experience and trial results of the attorney. A property owner facing condemnation should inquire about actual jury trial experience of a prospective eminent domain attorney. When deciding to engage a California eminent domain lawyer for your eminent domain matter, it is important to evaluate the settlement experience and trial results of the attorney in eminent domain cases. Understanding that an attorney’s ability to resolve cases in settlement or in trial is largely dependent on and related to that attorney’s reputation for being able to try cases and results achieved, it is important for the property or business owner to inquire about the attorney’s jury trial results. John S. Peterson has tried numerous jury trials to successful verdicts. He is a Member of ABOTA, a prestigious organization of trial lawyers that requires prescribed jury trial experience as a prerequisite to membership.

Peterson Law Group emphasizes practice in eminent domain and inverse condemnation. Our eminent domain attorneys have represented and tried to jury verdict cases including, as examples:

• $10.5 million verdict on auto dealership property adjacent to the 405 Freeway where the initial offer to the client was $5.4 million;
• $4.0 million verdict for vacant land across from the Staples Center in downtown Los Angeles where the initial offer was $840,000 (click here to see article);
• $795,000 verdict for loss of business goodwill for a marine equipment supply company that was required to relocate. The agency's appraiser initially concluded that there was no loss of goodwill at all.

Peterson Law Group offers practical eminent domain condemnation experience reflected in courtroom results. We believe in personalized attention to assist our clients in what can be an emotionally draining experience. We work with highly qualified appraisers, yet we are sensitive to the costs of litigation as we work with the client to develop a cost-effective strategy.

Peterson Law Group represents property and business owners ranging from major corporations to smaller business and individual owners. We have represented cases against many public agencies throughout California.

Our eminent domain attorneys welcome the opportunity to discuss your situation and help you assess the merits of your case.