Eminent Domain

• California Eminent Domain Lawyer

Under the law of eminent domain, the government has the right to take your land for public use, such as for a school, government building, highway or light-rail extension. However, you also have rights. At the Sherman Oaks law office of Jeffrey D. Horowitz & Associates, Attorneys at Law, we protect the rights of commercial and residential property owners in the Los Angeles area and throughout California who are facing condemnation. Contact a greater Los Angeles condemnation attorney at our law firm to discuss your rights.

Eminent Domain

Eminent domain is typically challenged by demonstrating that the property is not being condemned for public use or that the property is not necessary for the project. Although possible, it is difficult to challenge eminent domain. However, even if the condemnation of your property cannot be challenged, you still have rights. As California condemnation attorneys, we can represent residential and commercial property owners and displaced commercial tenants or business 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 the condemnor to first attempt to purchase the property through negotiation.
  • Property owners are entitled to compensation for the fair market value based on the highest and best use of the property.
  • How We Can Help: Rather than accepting what you may believe is a low offer from a public entity, we 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. California law now requires the condemnor to pay the condemnee up to $5,000 for their own appraisal.
• Resolution of Necessity
  • Prior to a condemnation lawsuit, if negotiations to purchase your property are not successful, 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 We Can Help: We can help you to prepare any objections you may have to the condemnation that you can present at the public hearing, if you wish.
• 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 file it with the court on time in order to protect your 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 We Can Help: We 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 compensation 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 or some other loss as a result of the condemnation, the business owner may be entitled to compensation for loss of or diminished goodwill. Learn more about the condemnation of business property.
• 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: Under the California Relocation Assistance Act, you may be entitled to assistance from the public entity to relocate to another house or place of business.

Inverse Condemnation/Indirect Condemnation

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

Contact a California Condemnation Attorney

If your property or business faces possible condemnation, or has been condemned, assert your constitutional rights. Contact an eminent domain lawyer at the Sherman Oaks law office of Jeffrey D. Horowitz & Associates, Attorneys at Law for assistance. We are available to address your eminent domain or condemnation concerns throughout California.