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Eminent Domain: What You Are Entitled To

Eminent Domain Law and Independent Valuation in Los Angeles

Eminent domain law normally permits the government to rely only on its appraisal during negotiation, even if an owner believes their property is worth more. The government's acquisition agent will always explain that the offer is based on an appraiser's determination of fair market value. However, the property owner should keep in mind that the appraiser who determined fair market value was hired by a government agency. Another appraiser could have a different and significantly higher sense of fair market value.

You are not required to accept the government's offer and have the right to negotiate fair compensation and challenge the government's appraisal in court if necessary. 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. An experienced Los Angeles eminent domain attorney will work closely with a qualified real estate appraiser to assist you in arriving at just compensation.

If your business or property is facing seizure due to eminent domain, contact Peterson Law Group PC today. John S. Peterson has advocated for the rights of Los Angeles property owners for over 35 years. John was named "Lawyer of the Year" by Best Lawyers" for Eminent Domain and Condemnation Law, and he will advise you on the right strategy for getting maximum compensation for your property.

Call (213) 236-9720 to learn more today.

What Is Eminent Domain?

Eminent domain is the power of the government to take private property and convey it to public use. Property taken under eminent domain may be used to build highways, airports, utilities, schools, parks, and other projects.

The power of eminent domain is restricted by the United States Constitution and California Law. The Fifth Amendment requires "just compensation" when private land is taken by the government for public use. The California Code of Civil Procedure 1245.220 requires the state to obtain an appraisal of the property's value and submit a formal resolution of necessity at a public hearing before commencing with the eminent domain process.

Court-Supervised Eminent Domain Proceedings

Peterson Law Group PC 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 initiated and supervised by the court. In court, the property owner may seek just compensation that reflects opinions of fair market value from appraisers hired by both sides, not only the agency.

When facing eminent domain in California, one of your key entitlements is the right to a fair valuation of your property. While the government is required to provide an initial offer based on an appraisal of your property's market value, you have the right as a property owner to seek a second opinion from an independent appraiser. An independent valuation can provide a more accurate assessment of fair market value by considering factors such as:

• Location
• Accessibility
• Unique characteristics
• Level of development
• Proximity to economic hubs
• Size
• Layout
• Current use
• Fair market value
• Potential future use

Recovering Compensation in Condemnation in Los Angeles

An experienced eminent domain lawyer can help you receive 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.

Compensation for Business Goodwill Loss

In an eminent domain case resulting in the government's acquisition of a business location, the result will be the displacement of the business. Business goodwill is the intangible value of a business after deducting the value of all tangible assets from the total business value. This includes a business's profitability due to its reputation, customer base, and other non-physical assets. In California, if your business is affected by eminent domain, you may be entitled to compensation for lost goodwill.

Unlike in real estate eminent domain cases, loss of business goodwill means the business owner has the burden of proof to establish the existence of goodwill, that a successful relocation could not have avoided the goodwill loss, and that the goodwill loss is not already being compensated for in the form of relocation benefits. Entitlement is tried in court without a jury.

Once entitlement to goodwill loss is established, the amount of goodwill loss is determined by a jury with no burden of proof. With the differing levels of proof required in goodwill loss cases, experience of the eminent domain attorney is of critical importance.

Relocation Benefits in a Los Angeles Eminent Domain Case

Businesses forced to relocate due to eminent domain are entitled to relocation benefits to facilitate a proper move of the business and its equipment and inventory. Relocation benefits are not technically compensation in the eminent domain proceeding; instead, they are payments that arise under the Government Code and a highly technical and detailed set of regulations. An experienced attorney can assist you in ensuring receipt of all relocation benefits that are entitled to you.

In some cases, the business will be able to relocate successfully. In other cases, it might not be possible despite the business owner's best efforts to relocate. An experienced California lawyer can represent the business owner in seeking recovery for loss of business goodwill.

When eminent domain necessitates relocation, particularly for business owners, California law acknowledges the need for additional compensation. Relocation costs can be extensive, covering physical moving expenses, property lease or purchase differentials, and business reestablishment efforts. It's vital to document all related expenses meticulously to ensure full compensation.

Finding the Right Los Angeles Eminent Domain Attorney

When it comes to eminent domain, experience matters. It's important to choose a lawyer who will fight for your interests every step of the way. Your attorney will negotiate on your behalf, challenge the government's valuation of your property, and represent you in court if necessary. Your lawyer will also help you understand the implications of the case and advise you on whether you're getting a reasonable offer for your property.

To ensure the most favorable outcome, you'll want to select an eminent domain lawyer like John S. Peterson. John has invaluable knowledge and experience that you will only get from somebody who's successfully negotiated eminent domain settlements for over 35 years. John boasts a long list of satisfied clients who received much more for their property than anticipated.

You Deserve to Get the Most for Your Los Angeles Property

You worked hard for everything you have, and when you work with Peterson Law Group PC, we'll use the legal process to help make sure you're fairly compensated in an eminent domain case. John will give you his personal cell phone number and keep you informed about how your case is proceeding.

Call (213) 236-9720 to learn how our attorneys can help ensure you receive proper compensation when the government has targeted your property for eminent domain.