Eminent Domain
Los Angeles Eminent Domain Lawyers
Under the law of eminent domain, municipal, state or federal government bodies have the right to take land for public use, such as for a school, government building, utilities, or transportation systems and highways. The same law, however, gives property owners the right to fair compensation and other remedies.
At the Sherman Oaks law office of Jeffrey D. Horowitz & Associates, Attorneys at Law, we protect the rights of residential and commercial property owners and displaced commercial tenants or business owners in the Los Angeles area and throughout California.
- If your property is being unfairly condemned, we can help.
- If you are worried that you will not receive fair compensation for your property, we can help.
- If you have not received the assistance you are guaranteed under the law, we can help.
Contact a Los Angeles eminent domain lawyer [Link to Contact Us] at our firm to discuss your rights. We have extensive experience with property condemnation law and eminent domain litigation. We are currently engaged in assisting clients with land condemnation matters in connection with several large public transportation projects.
The Pre-Condemnation Phase
- 1. A public entity targets property with the intent to redevelop it or take it for public use.
- 2. The government agency must arrive at a "resolution of necessity" — a formal decision to acquire a property by eminent domain.
- 3. Eminent domain laws require the government to first attempt to purchase the property through negotiation.
- 4. If negotiations to purchase your property are not successful, there must be a public hearing of the governing board of the entity condemning the property. As the property owner, you must receive notice of this public hearing and you have a right to attend it.
How We Can Help: We can help you to prepare any objections you have to the condemnation for presentation at the public hearing. If you believe the offer made to you was too low, we can help you obtain your own appraisal from an experienced eminent domain appraiser. California law requires that the condemning government agency pay the property owner up to $5,000 for their own appraisal. We can also help you negotiate with the public entity to obtain a fair offer that is true to the value of your property.
Condemnation/Eminent Domain Lawsuit
- 5. If the condemnation is approved, you will receive a summons and complaint notifying you that your property will be condemned.
- 6. You must prepare an answer and file it with the court.
- 7. You have a right to a jury trial. Some issues in an eminent domain lawsuit will be determined by a judge, but jurors from your community can determine the fair market value of your property.
How We Can Help: We will aggressively assert your rights throughout this process and represent you at all stages of the legal proceedings. In addition to compensation for the fair market value of your property, we will seek additional condemnation remedies that may be available to you.
Contact Our Sherman Oaks, California, Condemnation Attorneys
If you are facing possible condemnation of your residential or business property, assert your constitutional rights. Contact a Sherman Oaks, California, condemnation lawyer at the law office of Jeffrey D. Horowitz & Associates. We handle cases across the entire state of California.