Eminent Domain
LawThe 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 four reasons.
- 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.
- Court-Supervised Eminent Domain
Proceedings. An experienced 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.
- 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.
- Environmental Contamination.
In recent times, the practice of eminent
domain condemnation has taken on an
additional dimension involving soil
contamination of property. In cases
involving contaminated soil, the
government agency may attempt to deduct
from the value of the property the cost
of cleaning contaminants after
condemnation occurs. Our eminent domain
attorneys 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.
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 client 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.
While we believe that anyone who owns or
occupies a property subject to eminent
domain condemnation should be entitled to
the benefits of competent counsel, we are
admittedly selective in the cases we choose
to represent. We believe our selection
criteria enable us to provide attention to
the needs of our clients while striving to
get the results that our clients deserve.
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.
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