Experienced Attorneys Helping Irvine Residents With Eminent Domain Matters

Call our office today at 949-652-2622 to schedule a consultation.

What Is Eminent Domain?

Under both federal and California law, any government entity may take private property for a compelling public reason, such as expanding a roadway or adding to a school. This is called the right of “eminent domain” and may be exercised by the government if it fairly compensates the property owner.

In some areas, eminent domain is more informally known as condemnation. Condemnation may occur even if there is no issue with the condition of the property.

In the eminent domain process, government officials will first legally inform you of their decision to take the property. They may offer compensation right away, or that may come later in the process. In nearly every situation where eminent domain is exercised, you, as the property owner, will be best served to hire a knowledgeable attorney who can negotiate the best possible value for your business or personal real estate.

Basics Of Eminent Domain In California

It surprises some to learn that the state and federal governments have the legal right to take the privately owned real property of citizens. This right is not limitless or without restrictions. Landowners have the right to receive fair market value for their land, and in some cases, landowners can prevent an eminent domain taking.

The process for eminent domain follows this general path for property owners:

• Contact and offer: The government will contact you to inform you of its interest in obtaining the property. After a time of valuation of the property, the government entity will make you a specific offer for purchase of your property.
• Resolution of necessity and hearing: If you do not accept the government’s offer, there will be a public hearing for a “resolution of necessity.” This means that you were not able to come to an agreement on the price of the land sale, so the government will be moving forward with property acquisition via eminent domain.
• Litigation: Once the resolution of necessity is filed, there are legal proceedings, much like any civil court case. The government entity seeking the property will file an eminent domain complaint, after which a time of discovery and appraisals of the property’s value. The parties will then argue for their statement of the property’s fair market value, and a jury will return a verdict on what that price will be.
• Payment and taking: Soon after the jury delivers its verdict, the government will pay you the determined price and take the property.

This is an extremely high-level overview of the process. Our experienced legal team knows how to protect landowners’ rights throughout the eminent domain proceedings.

Who Can Use Eminent Domain?

Federal, state and local governments can all exercise their right to eminent domain within their geographical boundaries. They must be able to show that the reason for taking the property benefits the public, and the landowner must be given reasonable, fair market compensation for the value of the property that’s being taken.

In very rare circumstances, a private company like a power company or an oil and gas company may be permitted by the government to take eminent domain if doing so will produce a benefit to the public good. This has been permitted by federal and state courts.

What Does Just Compensation Mean In Eminent Domain Cases?

Just compensation is a constitutional right guaranteed by the Fifth Amendment of the U.S. Constitution. It ensures that property owners are fairly compensated when their property is taken through eminent domain. The concept of just compensation includes: 

• Fair market value: The primary basis for just compensation is the fair market value of the property at the time of the taking.
• Highest and best use: Compensation should consider the property’s highest and best use, not just its current use.
• Severance damages: If only part of the property is taken, compensation may include damages to the remaining property.
• Loss of business goodwill: In some cases, business owners may be compensated for loss of an established customer base or reputation.
• Relocation expenses: Reasonable costs associated with moving to a new location may be included.
• Interest: Property owners may be entitled to interest on the compensation from the date of the taking.
• Improvements: The value of any improvements made to the property should be considered.
• Special-purpose properties: Unique properties may require special valuation methods.

It’s important to note that what constitutes “just” compensation can be subjective and often becomes a point of negotiation or litigation. The goal is to put the property owner in the same financial position they would have been in if their property had not been taken. This is why many property owners seek legal representation to ensure they receive truly fair compensation. 

Why Shouldn’t I Negotiate On My Own?

You may be tempted to work with government officials and not seek legal representation from an eminent domain law firm. However, services from an experienced eminent domain attorney can often recover a higher property value during the negotiation process.

The attorneys at Palmieri, Hennessey & Leifer, LLP, in Irvine, are well-versed in eminent domain services. They know what tactics governments often use in their efforts to pay as little as possible for property seized under eminent domain. We can advise you on what to avoid and when to cooperate for the best possible valuation of your land.

Engage With Eminent Domain Services For Legal Representation

In addition to assisting with valuation litigation, eminent domain services can make sure you’re not being treated unfairly or illegally during the process. Your attorney can help you get compensation that covers moving your business and the associated expenses, as well as just the value of the property.

A knowledgeable lawyer can also take the stress out of the entire proceedings. You won’t have to wonder if you’re doing the right thing or if you should try a different negotiating strategy. You’ll have someone with the experience that comes with having worked on hundreds of eminent domain cases in California.

If your case should go to court, you’ll have lawyers who are familiar with the case and well-versed in trying tough eminent domain cases.

Schedule A Consultation With The Eminent Domain Attorneys At Palmieri, Hennessey & Leifer, LLP

The members of Palmieri, Hennessey & Leifer, LLP, have a 30-year history of providing eminent domain services and working on valuation litigation cases. Our attorneys have handled more than 2,000 cases and have seen a wide variety of circumstances. We can help you avoid pitfalls and secure the best possible compensation for your property.

To learn more about our eminent domain services, please see:

• Condemnation and inverse condemnation
• Valuation litigation
• Lease renewal valuations

To speak with one of our experienced attorneys in Irvine, please contact us to schedule an initial consultation at 949-652-2622 or use our online contact form.