Los Angeles Inverse Condemnation Lawyers
Getting Just Compensation for Inverse Condemnation Cases in Los Angeles
You should be allowed to benefit from the fruits of your labor and enjoy the full value of the property you own. Los Angeles is frequently the site of major public works projects in Long Beach, Downtown, the San Fernando Valley, and other areas. When the government damages your property or blocks your prosperity, you have the right to seek just compensation for your losses.
For over 35 years, Peterson Law Group PC has been fighting for the rights of Los Angeles property owners. Inverse condemnation provides a legal mechanism for property owners to seek justice for illegitimate government takings.
John S. Peterson will stand up for your rights. Our firm was selected for the Best Law Firms award by Best Lawyers, and we’ve been featured in U.S. News & World Report. John is a highly esteemed speaker who shares his legal knowledge on local television and national radio shows.
Call (213) 319-4993 to find out more about what we can do to help.
What Is Inverse Condemnation?
Most people have heard of eminent domain, which is when the government offers compensation for private property that is damaged or conveyed away from its owners for public use. The Fifth Amendment to the U.S. Constitution requires the government to provide “just compensation” in these cases, and the California State Constitution mandates that property owners have the right to a jury trial to determine just compensation.
A taking is when the government seizes private property or takes actions that reduce the value of private property without exercising its formal power by declaring eminent domain. Undeclared government taking triggers the property owner’s right to pursue just compensation through inverse condemnation.
Inverse condemnation is a legal action initiated by a property owner against the government in order to recover compensation when the government refuses to acknowledge that they have damaged your property or when they have interfered with your ability to maintain a profitable business.
Examples of takings that may be challenged through inverse condemnation include:
- Limiting access by occupying private land while construction is taking place by closing roads, blocking driveways, and other actions
- Physical damage to property caused by flooding, sewage, runoff, removal of ground support, landslides, potholes, and equipment such as tractors that damage private roads and driveways
- Regulatory restrictions prohibiting physical expansion, refusal to process development, restrictive zoning, growth control measures, unnecessary fees and licenses, and legal restrictions that have no public benefit
- Invasive conditions such as noise pollution caused by airports or protected wildlife eating crops and attacking livestock
Proving Inverse Condemnation Takings in Court
Before a court will consider a claim of inverse condemnation, the plaintiff will have to establish that you have already exhausted all administrative remedies. As anyone who has applied for a building permit can tell you, there are few things more frustrating than the bureaucratic runaround. This may entail spending half a day waiting in line before being told that you’re in the wrong line, waiting in another line only to be told you need to go stand in another line, and then finally being directed back to the line where you began.
In many cases, there are multiple parties that need to sign off on requests or complaints, including development boards, planning commissions, zoning commissions, and city councils. Unfortunately, you may have to plead your case before several parties and carefully document all of these actions in order to convince a judge that your case has standing in their court.
When you file your inverse condemnation claim in court, the judge will require you to provide evidence of the following:
- Ownership of the property in question
- Attempts made to resolve the issue through administrative channels
- Specific government actions that resulted in takings
- Substantial property damage or loss of revenue
- Government actions caused your losses
What Is Just Compensation for Your Losses?
If you win a settlement or judgment for an inverse condemnation claim or lawsuit, you will be awarded just compensation, which may include:
- Lost revenue
- Property damage
- Attorney’s fees
- Filing and administrative costs
- Opportunity costs
We’ve Recovered Millions for Our Clients
At Peterson Law Group PC, we have an impressive record of taking on large interests and prevailing in court. We care about your case and your property, and we’re here to fight for your rights.
Call (213) 319-4993 to speak with our inverse conversion attorneys today.