Los Angeles Eminent Domain Attorneys
The Law offices of Fisher & Talwar represent clients in eminent domain and inverse condemnation cases throughout Southern California. Jump to:
- What is eminent domain?
- Why should I hire Los Angeles eminent domain attorneys?
- My property is affected by eminent domain, what am I entitled to?
- What makes us different, and why you should care
- What is inverse condemnation?
What is Eminent Domain?
Eminent Domain refers to a fundamental power of the government to take private property for a public purpose without the owner's consent. The power of eminent domain is incorporated in both the United States and California Constitution. Specifically, the Fifth Amendment to the United States Constitution prohibits the federal government from taking private property for public use without just compensation and the Fourteenth Amendment prohibits state government from condemning private property without due process of law. While Article 1, Section 19 of the California Constitution is considered the foundation of California's eminent domain law, the state's comprehensive eminent domain law is found in California Code of Civil Procedure Sections 1230.010 - 1273.050.
Why Should I Hire Los Angeles Eminent Domain Attorneys?
The eminent domain process can be complicated, confusing and often intimidating for a property or business owner (also known as the "condemnee"). Although it may appear that the government is protecting the interests of the condemnee, unfortunately this generally is not the case. More often than not, the primary focus of the condemning agency is to determine the cheapest way to acquire the desired property. Therefore, it is imperative that property and business owners faced with condemnation contact an experienced attorney at the earliest possible stage in the condemnation process. Consulting with an attorney who has extensive experience in eminent domain is the best way to ensure fair compensation for your losses.
My Property is Affected by Eminent Domain, What am I Entitled To?
Depending on the particulars of a case, a property owner may be entitled to compensation for any or all of the following:
- Fair market value of real property;
- Severance damages (i.e. damages resulting to the remainder after a portion of a larger parcel is condemned);
- Fixtures, equipment and/or improvements pertaining to realty;
- Precondemnation damages; and
- Relocation
Article 1, Section 19 of the California Constitution provides that "just compensation" must be paid for private property taken for public use. The courts have determined that this standard is measured by the property's "fair market value". Fair Market Value is defined in CCP 1263.320:
The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
As provided by CCP 1263.320, "the fair market value of the property taken is the highest price on the date of valuation..." Since the definition of "fair market value" is somewhat uniquely defined by eminent domain law, it is imperative that condemnees consult with appraisers who have experience valuing real estate within the context of eminent domain. To achieve the best results, we consult with and retain appraisers who are not only experienced with preparing eminent domain appraisals, but who are comfortable testifying at deposition and trial.
What Makes Us Different, And Why You Should Care
Unlike many other eminent domain firms, we are highly experienced in representing property and business owners whose properties have been taken or damaged by the government. Our representation begins with an evaluation of the proposed condemnation and a comprehensive analysis of specific project impacts and compensable damages. Once these matters have been thoroughly discussed with a client, our experienced attorneys develop a strategy based on the particular facts of the case to maximize compensation.
Over the years, attorneys at Fisher & Talwar have obtained tens of millions of dollars in compensation for condemnees. Attorneys at our firm are experienced in all aspects of eminent domain litigation and have successfully litigated direct and/or inverse condemnation cases against numerous government agencies throughout Southern California including the Los Angeles Unified School District (LAUSD); Alameda Corridor Transportation Authority (ACTA); Alameda Corridor-East Construction Authority (ACE); California Department of Transportation (CALTRANS); and many cities, counties, redevelopment agencies and other school districts.
Our cases are handled by our Los Angeles eminent domain attorneys - a feature which distinguishes our firm from larger, more-impersonal litigation houses. Because we are selective in the cases we take on, we are able to devote more time and energy to each of our clients. By participating in every step of the process, our partners are able to effectively assist clients in identifying goals and advise them on how to best attain their desired results.
Eminent domain and inverse condemnation cases generally require multiple experts. Our attorneys consult with and retain top experts in the fields of real property appraisal, business appraisal, fixture and equipment appraisal, civil engineering, environmental testing and remediation as well as other experts qualified to render expert opinion regarding the operations of specific businesses or industries or specific issues such as traffic volume, access or zoning. If your property has been condemned or damaged as a result of a public project, it is important that you contact an attorney at the law firm of Fisher & Talwar. Whether you have been served with summons and complaint or if you simply have a question regarding eminent domain or inverse condemnation, we encourage you to contact an attorney at Fisher & Talwar.
Is your business or property being affected by eminent domain? Contact our Real Estate Attorneys Fisher & Talwar. Call us today at (213) 891-0777.
