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.
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What is Inverse Condemnation?
Regardless of whether the government has filed or intends to file an eminent domain action to acquire the impacted property, the owner or occupant may be entitled to compensation based on inverse condemnation liability. Inverse condemnation occurs when a public project causes property damage without payment of just compensation or effectively results in the property being taken, damaged or occupied. Among other things, inverse condemnation may result from a nearby public project that causes impairment of access, land subsidence (sinking), loss of adjacent or subjacent support, flood damage, landslide or physical occupation of the property.
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Why should I hire an attorney?
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.
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What sets Fisher & Talwar apart from other eminent domain law firms?
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 partners-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.
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As a property owner 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:
1. Fair market value of real property;
2. Severance damages (i.e. damages resulting to the remainder after a portion of a larger parcel is condemned);
3. Fixtures, equipment and/or improvements pertaining to realty;
4. Precondemnation damages; and
5. 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.
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As a business owner affected by eminent domain, what I am entitled to?
When a business is damaged or displaced as a result of condemnation, several issues may arise. A business owner must keep in mind that as a prerequisite to obtaining compensation for lost business goodwill, he or she will be required to prove that the loss could not have been prevented by relocation of the business or by other reasonable mitigation efforts. It is therefore essential to carefully explore all options before taking steps to relocate a business. To accomplish this task, our firm consults with a network of experts who are well versed in all aspects of relocation and planning, including inventorying, packing, shipping, space planning, parking, code compliance, construction and virtually all other areas necessary to meet the operational challenges that a business might encounter during the relocation process.
Depending on the particulars of a case, a business owner may be entitled to compensation for any or all of the following:
1. Lost business goodwill;
2. Fixtures, equipment and/or improvements pertaining to realty;
3. Leasehold bonus value (i.e. the difference between contract rent and fair market rent);
4. Precondemnation damages; and
5. Relocation
When deciding to engage an eminent domain attorney, a business owner should evaluate the attorney's experience with business relocation. This is especially important because a poorly executed relocation plan can adversely affect an owner's entitlement to goodwill compensation, relocation benefits and most importantly, the business' ability to preserve goodwill and continue operations at a new location. Our attorneys are highly experienced with the relocation process and have assisted numerous types of businesses with relocation including textile companies, restaurants, furniture manufacturers, industrial plants, auto repair, a dental office and other various types of retail businesses.
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How do our fee agreements minimize risk to you?
At Fisher & Talwar we recognize that most people affected by eminent domain are going through the process for the first time. Because of their lack of familiarity with the eminent domain process, those affected by eminent domain often experience increased levels of stress and uncertainty. In order to help shoulder the burden and reduce risk to our clients, our attorneys handle most eminent domain cases on a contingency basis. This means that you pay us no attorneys fees whatsoever, unless and until we obtain compensation for you. If you have any questions about our fee agreements, please feel free to contact one of our attorneys to learn more.
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Do you need legal assistance with an eminent domain or inverse condemnation matter? Contact one of our Los Angeles eminent domain lawyers at Fisher & Talwar today! Call us at (213) 891-0777.
