Have you just received a government letter about taking your shop? Do not panic. That notice does not mean immediate eviction, and you have more time than you might think.
Initial notice period: Your first 30 days
When you receive a Notice of Intent to Acquire, do not panic – but do not delay either. This preliminary notice typically arrives 30-90 days before the formal proceedings begin. Use this time wisely to consult with an eminent domain attorney and gather your business documentation.
The negotiation window
Contrary to popular belief, the government does not immediately force you to vacate. California law requires the government to attempt good-faith negotiations first. This phase usually lasts 2-4 months, during which you can:
- Challenge the property valuation
- Present evidence of your business’s worth
- Negotiate better terms
- Discuss relocation options
Having proper legal representation during these negotiations can significantly impact your compensation and relocation terms.
Legal proceedings: What if negotiations fail?
If negotiations stall, the government may file a formal eminent domain lawsuit. From this point, you have 30 days to file an answer. The court process typically takes 12-18 months. During this period, your business can usually continue operating.
Planning your next steps
The entire process typically spans 18-24 months. This extended timeline gives you room to prepare properly. You can search for ideal new locations and plan a smooth transition. It is also crucial to maintain customer relationships during this time. Most importantly, you will need to document all losses carefully to ensure fair compensation. These months are valuable – use them wisely to secure your business’s future.
Remember, while this timeline is typical, each case is unique. Market conditions, project urgency and other factors can affect the schedule. Having experienced legal representation early in the process helps you use this time effectively to protect your business interests.