Top 5 Mistakes LA Property Owners Make in Partial Taking Cases
If your property in Los Angeles is affected by a government project like a highway expansion, utility easement, or Metro rail extension, you may be facing a partial taking under California’s eminent domain laws. While the government is legally allowed to take private property for public use, you still have rights, and the compensation offered to you is negotiable.
Unfortunately, many property owners make critical missteps during this process. These mistakes can lead to lost compensation, undervalued property, or long-term impacts on how you can use the land you still own.
John S. Peterson is a Los Angeles eminent domain lawyer at Peterson Law Group PC, where he helps property owners prevent eminent domain errors and finds the best strategy for ensuring his clients receive full compensation.
Mistake #1: Automatically Accepting the Government’s First Offer
Government agencies are required to provide just compensation for the portion of property they take, but their first offer is rarely their best. In many partial taking cases, that offer is based on a limited appraisal or fails to consider the true impact on the remainder of your property.
Partial takings don’t just involve the land being acquired; they can diminish the value of the remaining property. If access changes, visibility is reduced, or a portion is left unusable, your total loss may be much greater than the square footage being taken suggests.
Never accept an initial offer without having an independent appraisal conducted by an expert who understands California partial condemnation law and Los Angeles market conditions.
Mistake #2: Underestimating the Impact on the Remainder Property
One of the most overlooked partial property taking mistakes is failing to evaluate how the taking affects the remainder parcel, which is the land you retain after the government acquires what it needs.
This can include:
- Loss of ingress or egress (access problems)
- Reduced visibility from the road (important for businesses)
- Drainage or utility changes
- Zoning or use limitations caused by the taking
Many property owners assume they’re only being compensated for the land being taken. But California law allows compensation for severance damages; the loss in value to the remaining portion of your property due to the partial taking.
Infrastructure projects like LA Metro expansions can severely affect how the remainder of your property functions. If you don’t quantify and document this impact, you risk leaving significant money on the table.
Mistake #3: Failing to Hire a Property Rights Attorney Early
Eminent domain law is complex and procedurally strict, especially in partial condemnation cases. Waiting too long to consult a property rights attorney can jeopardize your ability to dispute the taking, claim full compensation, or gather necessary evidence.
A skilled eminent domain attorney can:
- Retain expert appraisers and engineers
- Challenge the government’s valuation
- Identify legal flaws in the taking
- Negotiate or litigate for a better outcome
Property owners may think they can handle negotiations on their own, or they might assume legal help is too expensive. But most eminent domain lawyers work on a contingency basis. That means you won’t pay anything unless an attorney increases your compensation.
The earlier a lawyer is involved, the more tools they have to protect your interests. Don’t wait until a formal offer is made.
Mistake #4: Overlooking Damages to Business or Income
If your property is used for a business, such as a gas station, retail store, or industrial site, a partial taking may disrupt operations, reduce traffic, or require costly modifications.
California law allows business owners to pursue compensation for:
- Loss of goodwill
- Relocation expenses
- Lost revenue during construction
These non-land damages are often excluded from government offers unless they are properly documented and demanded. Property owners who don’t understand these additional rights may walk away with only a fraction of what they’re entitled to.
With the help of your lawyer, you can gather financial records, customer traffic data, and expert opinions to support a claim for business-related damages.
Mistake #5: Not Challenging the Legality or Scope of the Taking
Just because the government says it needs part of your land, doesn’t mean it has an unrestricted right to take it. Partial takings can be challenged on legal grounds, such as:
- Lack of public necessity
- Improper procedure or notice
- Taking more land than needed
- Failure to consider alternatives
In some cases, the taking can be reduced, modified, or even blocked entirely with legal intervention. Property owners who never question the authority of the government often suffer unnecessarily broad or harmful intrusions onto their land.
Property owners should never blindly trust that the government’s plan is reasonable or minimal. Always review the engineering plans, environmental studies, and appraisals with an attorney.
Why Choose Peterson Law Group PC?
We have a long track record of representing Los Angeles property owners in partial condemnation and eminent domain cases. John S. Peterson understands the nuances of public project land use, California compensation laws, and the strategies needed to fight for maximum value.
With deep knowledge of local zoning issues, infrastructure projects, and market trends, we provide an aggressive, informed legal approach tailored to your property.
Whether you own a commercial building on a busy corridor or a residential parcel impacted by city expansion, we can help you:
- Understand your rights
- Document the full extent of damages
- Push back against unfair government actions
- Maximize your compensation
Speak With an Experienced Partial Takings Attorney in Los Angeles
If your land is subject to a partial taking, don’t make the same costly mistakes other LA property owners have. Get informed. Get protected. And get an experienced advocate on your side.
John S. Peterson was named Lawyer of the Year for Los Angeles by Best Lawyers for Eminent Domain and Condemnation Law. John has an AV Rating from Martindale-Hubbell®, and he’s a member of the Multi-Million Dollar Advocates Forum.
Call (213) 236-9720 and speak with a property rights attorney in Los Angeles who knows how to fight back against unfair takings and lowball offers.
Your property is worth more than just square footage. Make sure you’re compensated for everything you deserve.
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