Inverse
CondemnationInverse condemnation
occurs when a public project causes property
damage without payment of just compensation
or effectively results in the property being
taken, damaged or occupied. Inverse
condemnation may result from a nearby public
project that causes:
- Flood damage
- Landslide
- Land subsidence (sinking)
- Loss of adjacent or subjacent support
- Physical occupation of the property even
if there is no property damage
In certain circumstances, loss of property
value may arise when a government agency
unreasonably delays in the acquisition of
property after publicly announcing intent to
acquire the property.
When property is taken or property damage is
caused by a government agency or a public
project without an offer of compensation
first being made, a property owner should
immediately explore hiring an experienced
property damage litigation lawyer before
further losses accrue.
An experienced property damage litigation
lawyer can assist you by developing a course
of action to counter inverse condemnation,
by assembling the proper team of experts and
consultants that will be required to
establish both liability and damages against
the government.
The experts and consultants required may
include several specialized disciplines. The
experience level of the property damage
litigation lawyer will be key in developing
the case strategy and organizing the team of
experts based on the specific needs of each
particular inverse condemnation case.
Due to the complex nature of many inverse
condemnation cases that involve earth
movement, expert analysis is instrumental in
the conduct of the litigation, as well as in
the development of a remedial plan to
address the problem.
Inverse condemnation trials are frequently
two-phase trials:
- A judge generally decides legal issues
such as liability;
- A jury decides valuation and determines
damages.
When deciding to engage a property damage
litigation lawyer for your matter, it is
important to evaluate the settlement
experience and trial results of the
attorney. One may wish to inquire about the
property damage litigation lawyer’s
settlement and trial experience with inverse
condemnation.
Peterson Law Group emphasizes practice in
eminent domain and inverse condemnation.
Our property damage litigation lawyers
have represented and tried to verdict cases
including, as examples:
- $3.0 million decision for a landslide
caused by a coastal fire road in an inverse
condemnation case for the cost of repairing
a client’s Palos Verdes Estates bluff-top
ocean view property;
- $10.5 million verdict on auto dealership
property adjacent to the 405 Freeway;
- $4.0 million verdict for vacant land
across from the Staples Center in downtown
Los Angeles.
Our property damage litigation lawyers have
also resolved substantial inverse
condemnation claims while avoiding trial.
These involve landslide, land subsidence,
other earth movement and access cases,
including a major public works project on
Wilshire Boulevard and Hollywood Boulevard
in Los Angeles that resulted in several
million dollars in aggregate inverse
condemnation resolutions from property
damage claims. Our property damage
litigation lawyers have represented and
resolved landslide cases involving
properties in several areas throughout
Southern California, including Laurel
Canyon, San Bernardino, Yorba Linda, Agoura
Hills, and Baldwin Hills.
Peterson Law Group offers practical
experience with inverse condemnation,
reflected in courtroom results. We believe
in personalized attention to assist our
client in what can be a difficult
experience. We work with highly qualified
inverse condemnation experts, 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 a
property subject to inverse condemnation
should be entitled to the benefits of
experienced counsel, we are admittedly
selective in the cases we choose to
represent. We believe our selection criteria
enable us to provide personal attention to
the needs of our clients while striving to
get the results that our clients deserve.
Our property damage litigation attorneys
welcome the opportunity to discuss your
situation and help you assess the merits of
your case. |
