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Southern California Condemnation Attorneys

Legal Representation in Condemnation Matters

In the eminent domain context, condemnation describes the formal act of transferring the title of private property to a unit of government by using the government's power of eminent domain. The legal process required before a California government agency can exercise the power of condemnation is complex and takes some time to complete. The experienced California eminent domain lawyers at Peterson Law Group PC have years of experience obtaining successful case outcomes for property owners who are facing eminent domain matters.

Planning to take private property for a road, development project, or other "public use" can begin years before a condemnation action occurs. California law requires any state government agency or county or city government to meet a number of requirements before bringing a condemnation action, also called an eminent domain action, in court. For property owners, dealing with the information the agency needs and the changes in the plans can be a difficult and frustrating experience.

The government unit attempting to acquire the property must make an offer to purchase it before bringing a condemnation action in court. The U.S. and California Constitutions both require this offer to represent "just compensation," generally understood to be the fair market value of the property.

Understanding Condemnation Actions

In California, condemnation actions represent the formal legal process through which a government entity can acquire private property for public use. The process is governed by strict procedures to ensure that property owners' rights are protected. Initially, the government must demonstrate the necessity of acquiring the property for a specific public project, such as infrastructure development or public utilities. Once the need is established, the government must present a fair offer to purchase the property, which reflects its fair market value. If the offer is declined or if negotiations fail, the government can initiate a condemnation action in court. This legal proceeding involves a thorough examination of the property's valuation and the necessity of its acquisition. Property owners have the right to contest the government's offer and argue for greater compensation.

Under California Law

California law allows property owners the opportunity to have the fair market value of the property decided by a jury, which hears evidence about the value of the property from both the government appraisers and the property owner. The skilled Los Angeles property rights attorneys at Peterson Law Group PC will, therefore, carefully select highly qualified appraisers when building a property owner's condemnation case.

Property owners facing condemnation may be entitled to additional payments if the public agency acquires the property only to let it sit instead of proceeding with development. Property owners are also entitled to compensation if only part of the property is condemned. This compensation is referred to as "severance damages."

Severance damages are distinct from the compensation for the actual land taken; they address the impact on the remainder of the property, such as diminished access, loss of aesthetic value, or reduced utility. Property owners are entitled to seek severance damages to ensure they are fully compensated for any negative effects on their property's value due to the government's actions.

How Does a Court Determine Severance Damages?

To determine severance damages, a court will evaluate the effect of the partial taking on the value of the remaining property. This often involves detailed appraisals and specialist testimonies to assess the extent of the damage. The court considers factors such as changes to the property's access, its highest and best use, and any adverse impacts on the property's desirability or functionality. Appraisers may compare the property's value before and after the taking to calculate the diminution in value. It is crucial for property owners to present clear evidence and specialist opinions that accurately reflect the severance damages incurred, as these evaluations will significantly influence the court's decision on the appropriate compensation.

Ensuring Just Compensation

Securing just compensation is a fundamental right for property owners under federal and California law when facing eminent domain. Just compensation is intended to reflect the fair market value of the property at the time of acquisition, ensuring that owners are made whole following the loss of their property.

Often, determining fair market value involves complex appraisals and evaluations that take into account the property's highest and best use, its current condition, and comparable sales in the area. Property owners have the right to challenge the government's valuation, presenting their own appraisals and evidence to argue for higher compensation.

Understanding the methods and rights associated with just compensation is crucial for property owners to protect their financial interests during the condemnation process. Thus, legal representation can be instrumental in navigating these disputes, as experienced lawyers can provide guidance, negotiate on behalf of property owners, and advocate for a fair settlement in court.

Addressing Government Offers

When a government entity makes an offer to purchase property under eminent domain, property owners must carefully evaluate the proposal to ensure it reflects fair compensation. The initial offer typically represents the government's assessment of the property's fair market value. However, this valuation may not account for unique aspects or potential future uses of the property that could increase its worth. Owners have the right to question and negotiate this offer, seeking a more comprehensive appraisal if necessary. Consulting with a skilled attorney can provide valuable insights into the negotiation process, helping owners understand the nuances of property valuation and leverage evidence to argue for a higher amount. Legal counsel can also assist in identifying any procedural errors made by the government that could affect the offer's validity. By diligently addressing government offers, property owners can better safeguard their financial interests and ensure that they receive appropriate compensation for their property rights.

Valuable Legal Strategies and Resources in LA & OC

In addition to offering just compensation, an agency seeking condemnation of private property must also demonstrate that the public use planned for the property is necessary, that the property the agency seeks to acquire is the best place for the project, and that the public use outweighs the private harm to the property owner of losing his or her property. Obviously, these issues can become complex.

The experienced Los Angeles condemnation lawyers at Peterson Law Group PC will analyze each situation and prepare a strategy that gives the jury a clear and thorough understanding of the issues surrounding the proposed condemnation.

Successful Jury Trial Experience

Condemnation proceedings are usually jury trials. A property owner seeking to hire an experienced California condemnation attorney should look carefully at the lawyer's trial experience. At Peterson Law Group PC, our attorneys have extensive eminent domain jury trial experience, reflected in courtroom results. Our experience has helped clients like the following:

• $4.39 million in compensation for a business property owner's fiberglass and resin products manufacturing business. Although the original offer was $1.76 million, the jury determined that just compensation for the real estate was, in fact, $3.4 million. An additional settlement of $992,740 compensated the business property owner for the loss of business goodwill and the costs of fixtures and relocation.
• $795,000 for a marine equipment supply company's loss of business goodwill. The government agency's appraiser had initially concluded that the value of the business goodwill was $0. The jury trial also provided for payment of lawyer and specialist fees and relocation of the business.
• $4.0 million for a parcel located diagonally from the Staples Center. The original offer was $840,000, which did not accurately reflect the property's highest and best use. This jury award was upheld on appeal.

Seeking Legal Help From Condemnation Attorneys

At Peterson Law Group PC, we believe that any property owner facing a condemnation action should be entitled to the help of experienced legal counsel. Our goal is to achieve the most favorable results for each client; thus, we also believe that being selective about the cases we choose allows us to give the best possible personal attention to each client.

Our lawyers welcome the opportunity to discuss your situation and help you assess the merits of your case. Call our firm at (213) 319-4993 to speak with an experienced condemnation lawyer in Southern California.