Eminent Domain

Sherman Oaks Eminent Domain Lawyer

Serving all of California

The government has the right under the doctrine of eminent domain to take your land for public use, such as for a school or highway. However, you also have rights. I can protect the rights of property owners in the Los Angeles area and throughout California. Contact Greater Los Angeles condemnation attorney Jeffrey D. Horowitz to discuss your rights.

Eminent Domain

Although possible, it is difficult to challenge eminent domain. But you still have rights. As a California condemnation attorney, I can represent residential and commercial property owners throughout the condemnation process.

• The Pre-Condemnation Phase
  • A public entity targets property with the intent to redevelop it or take it for public use.
  • Eminent domain laws require an attempt to purchase the property.
  • Property owners are entitled to compensation for the fair market value based on the highest and best use of the property.
  • How I Can Help: Rather than accepting what you believe is a low offer from a public entity, I can help you obtain your own appraisal from an experienced eminent domain appraiser and help you negotiate with the public entity to obtain a fair offer that is true to the value of the property.
• Resolution of Necessity
  • Prior to a condemnation lawsuit, there must be a vote of the governing board of the public entity to condemn the property. This is called a resolution of necessity.
  • As the property owner, you must receive notice of this public hearing.
  • How I Can Help: I can help you to prepare any objections you may have to the condemnation that you can present at the public hearing, if you wish. California law now requires the condemnor to pay the condemnee up to $5,000 for their own apprasial.
• Condemnation/Eminent Domain Lawsuit
  • Once you have received the summons and complaint notifying you that your property will be condemned, you must prepare an answer or other responsive pleading and timely file it with the court in order to protect your property rights.
  • Right to a jury trial - You are entitled to a trial which allows jurors from your community to determine the fair market value of your property. Not all issues, though, in an eminent domain lawsuit are determined by a jury; some issues will be determined solely by a judge.
  • How I Can Help: I will aggressively assert your rights throughout this process and represent you at all stages of the legal proceedings through, and including, trial.

Condemnation Remedies

In addition to being compensated for the fair market value of the property, a property owner may be entitled to the following:

• Loss of goodwill: If a business, including a tenant or lessee, suffers a loss of business as a result of the condemnation, the business owner may be entitled to compensation for loss of or diminished goodwill.
• Severance damages: Sometimes, only a portion of a property may be condemned. If the remaining parcel has a diminished value as a result, the owner may be entitled to severance damages.
• Relocation assistance: You may be entitled to assistance from the public entity to relocate to another house or place of business.

Inverse condemnation

Government practices on adjacent land may have the effect of condemning property by diminishing its value or causing other harm. I can help you in an inverse condemnation lawsuit to recover damages for your losses.

Contact a California Condemnation Attorney

If your property or business faces possible condemnation, or has been condemned, assert your constitutional rights. Contact Sherman Oaks eminent domain lawyer Jeffrey D. Horowitz for assistance.