The 3 Main Types Of ‘Takings’ in Eminent Domain Cases
Taking is the legal process used by the government to take away private property under the legal doctrine of eminent domain. There are three main types of takings: physical, regulatory, and pro tanto.
If your business or personal property is facing any type of taking under eminent domain laws, you’ll want to speak with an experienced eminent domain attorney right away. Your lawyer will advise on the best strategy moving forward, and they can also help negotiate the terms and represent you during eminent domain hearings.
Understanding Eminent Domain in Los Angeles
Eminent domain is the legal power granted to government entities to seize private property for public use, provided that just compensation is offered to the property owner. Eminent domain is often exercised for projects like infrastructure development, public transportation, and public utilities. For property and business owners in Los Angeles, eminent domain can lead to significant disruptions, making it vital to understand the legal framework and protections in place.
The U.S. Constitution and California Law provide strong protections for property owners facing eminent domain actions. Under the Fifth Amendment, the government cannot take private property for public use without providing just compensation to the owner. This principle ensures that property owners are fairly compensated for their losses and that the takings are lawful.
The State of California requires a formal process for all eminent domain takings, including a public hearing, where property owners can voice their concerns. If you disagree with the compensation offered, you have the right to challenge it in court. California law also provides for relocation assistance if you must move due to the taking. You can also seek reimbursement for expenses like new permits, licenses, and other setup costs at your new location.
What Is ‘Physical Takings’?
Physical taking occurs when the government directly appropriates or occupies private property for public use. This type of taking is the most straightforward form of eminent domain, as it involves a clear transfer of property rights from the owner to the government. Examples include the government acquiring land to build highways, public parks, or other infrastructure projects. In such cases, the property owner is entitled to just compensation, which is typically the fair market value of the property taken.
Physical taking is often linked to large-scale public projects. A common example is the construction of highways, where the government acquires private land to expand road networks. Another example is the development of public parks or recreational areas.
Physical taking generally provides clearer grounds for compensation since the transfer of property rights is explicit, unlike regulatory and pro tanto takings, which often involve more complex legal battles to determine the extent of impact and appropriate compensation.
What Is ‘Regulatory Takings’?
Regulatory taking is when government regulations significantly restrict the use of private property, depriving the owner of its economic value or beneficial use without formally transferring ownership. Unlike physical taking, where property is directly appropriated, regulatory taking involves legal constraints that limit how the property can be used. Examples include zoning laws that prevent certain types of development, environmental regulations that limit land use, or historic preservation laws that restrict alterations to buildings. These regulations may render the property less valuable or even unusable for the owner’s intended purposes.
Regulatory takings present unique challenges and compensation issues compared to physical takings. One primary challenge is proving that a regulation has gone too far in diminishing the property’s value or utility, meeting the threshold for a compensable taking under the law. This often involves complex legal arguments and substantial evidence, including economic impact assessments and expert testimony.
Determining the amount of compensation for regulatory takings can be contentious, as it requires assessing the property’s value before and after the regulation’s impact. Unlike physical takings, where the loss is tangible and direct, the economic effects of regulatory takings can be more subjective and harder to quantify. Property owners may face prolonged legal battles to secure fair compensation, necessitating experienced legal counsel to navigate these complexities effectively.
What Is ‘Pro Tanto Takings’?
Pro tanto taking, also known as partial taking, occurs when the government seizes only a portion of a property rather than the entirety. This type of taking may significantly impact the remaining property, affecting its value and usability. For example, if a strip of land is taken to widen a road, the remaining land might suffer from increased noise, reduced access, or diminished aesthetic value.
The term pro tanto translates to “for so much” in Latin, reflecting that compensation is provided specifically for the portion of the property taken. Determining just compensation in pro tanto takings involves assessing the value of the land seized in addition to any consequential damages to the remaining property. This process can be complex, requiring detailed appraisals and expert evaluations to ensure fair compensation.
Our Los Angeles Eminent Domain Attorneys Can Help
A Los Angeles eminent domain lawyer plays a crucial role in safeguarding the rights of property and business owners facing government takings. They assist in negotiating better terms, challenging unjust takings, and navigating the complex legal procedures involved. They also help to gather and present evidence to support the property owner’s case, such as appraisals and expert testimonies.
For over 35 years, Peterson Law Group PC has been fighting for the rights of Los Angeles property owners. We’ve won substantial settlements for property owners harmed by unfair government action, and our eminent domain attorneys are prepared to help you.
The independent rating agencies Best Lawyers and Super Lawyers both recognize the high level of service Peterson Law Group PC provides our clients. Firm founder John Peterson is a member of the Million Dollar Advocates Forum.
Call our eminent domain attorneys in Los Angeles at (213) 236-9720 to learn more today.
Call To Reach Us For A Prompt Response
Los Angeles Office: (213) 236-9720
Irvine Office: (949) 955-0127