LOS ANGELES
EMINENT DOMAIN LAWYER

What is Eminent Domain?

Eminent domain is the government’s power to take private property for public use even if the owner doesn’t want to give it up. However, the government must still follow legal procedures and give fair compensation for the property. In the United States Constitution, these powers are discussed in the Fifth Amendment, which limits this power, and the Fourteenth Amendment similarly limits this power for state governments. Article 1, Section 19 of the California Constitution is considered the foundation of California’s eminent domain law. However, the state’s comprehensive eminent domain law is found in California Code of Civil Procedure Sections 1230.010 – 1273.050.

When the state desires the use of private property for a public project, eminent domain gives the state the power to take the property, but requires that the state also provide fair compensation, typically defined in terms of the property’s fair market value. The government will normally start with an offer to buy the property. However, this offer is typically below the value of the property, and the property owner will try to get additional compensation.

Example 1: A state or municipal agent has decided to widen a road to accommodate increased traffic demand. Achieving the expansion requires the taking of private property along the road. The condemning agency will make offers to the property owners. Property owners can take the offer, go to court to fight the taking, and/or go to court to improve their compensation.

Example 2: A utility company needs to run power poles through your property. It doesn’t need to own the property to do this, so it claims an “easement”—the right to put the power poles on your property, even though you still own it. However, the presence of power poles on your property diminish your ability to use and enjoy the property, and you deserve compensation for this loss.

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:

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
5. Relocation expenses
6. Loss of business goodwill

In California, “just compensation” 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.

Despite being called “fair market value,” just compensation in eminent domain law is different from the price you might put on the property if you were trying to sell it. If your property is condemned, you should consult with appraisers who have experience valuing real estate for eminent domain. We help our clients by working with appraisers who are not only experienced with preparing eminent domain appraisals, but who are also comfortable testifying at deposition and trial.

How Does the Eminent Domain Process Work?

If you are facing an eminent domain action, you may be confused about how the process works. Here is a quick summary of the eminent domain process to help you orient yourself:

1. A condemning agency with an interest in your property hires an appraiser to inspect and appraise your property.
2. The agency makes an offer. This offer is typically low, but the agency hopes you will take it.
3. You can negotiate with the condemning agency to get a better offer.
4. If you can’t come to an agreement with the condemning agency, it will schedule a public hearing. At the hearing the agency will try to adopt a Resolution of Necessity by proving that public interest and necessity require the project, and that the project requires your property. It will also state that the project’s location balances the most public good with the least private injury.
5. The condemning agency will next file a complaint against you in Superior Court. You will receive a summons and complaint to which you must respond.
6. The agency can expedite taking of your property with a motion for prejudgment possession. You can object, but if the court grants the motion, the agency may take your property within 30 days after depositing “probable compensation.”
7. To help you get full compensation, your attorney will obtain appraisal reports from appraisers and expert witnesses to establish the property’s fair market value. Your attorney will share these reports with the condemning agency and obtain copies of the reports used by the agency to determine their assessment of your property’s value.
8. Parties come to an agreement through mediation in most cases.
9. If no settlement is agreed upon, the condemning agency will provide a final offer.
10. If you do not accept that offer, a trial is held to determine the fair market value of your property and any other pertinent issues.

What Makes Us Different

Our representation begins with an evaluation of the proposed condemnation and a comprehensive analysis of specific project impacts and compensable damages. We will discuss these matters with you in detail. You will have the opportunity to ask questions and raise concerns relevant to the property being taken. Then our experienced attorneys will develop a strategy based on the particular facts of your case to maximize compensation.

We Get Results

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 inverse condemnation cases against numerous government agencies throughout California including the Los Angeles Metropolitan Transportation Authority (METRO), California Department of Transportation (CALTRANS), Los Angeles Unified School District (LAUSD); Alameda Corridor Transportation Authority (ACTA); Alameda Corridor-East Construction Authority (ACE); San Bernardino County Transportation Authority (SBCTA); California High Speed Rail Authority (HSR); Orange County Transportation Authority (OCTA) and many cities, counties, redevelopment agencies, and other public agencies.

Our Partners Develop a Custom Strategy for You

Our cases are handled by our seasoned 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 you. By participating in every step of the process, our partners are able to effectively assist you in identifying goals and advise you on how to best achieve your goals.

Getting the most compensation for your property is usually our clients’ top concern. However, we understand that sometimes money isn’t the only thing at stake. Talk to us about any specific goals you might have, and we’ll see if there is a reasonable way to achieve them.

We Work with Top Experts

Eminent domain and inverse condemnation cases generally require the insight of multiple experts to build the strongest possible case. We know which experts will provide the best insight in your case.

We regularly work with experts in the fields of:

• Real property appraisal
• Business valuation
• Fixture and equipment appraisal
• Civil engineering
• Environmental testing and remediation

When the situation warrants it, we retain other consultants qualified to render expert opinions regarding the operations of specific businesses or industries or specific issues such as traffic volume, access, or zoning.

We Are Ready to Help You

If your property has been condemned or damaged by an agency working on a public project, it is important that you contact lawyers with experience in eminent domain laws. Whether you have been served with a 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 Eminent Domain Attorneys, Fisher & Talwar. Call us today at (213) 318-3070 for a free consultation.

---

Eminent Domain / Inverse Condemnation Cases and Results