Protecting The Property Rights Of California Clients
Individuals and business owners facing eminent domain or inverse condemnation issues in California need an advocate. Without skillful representation, the loss or damage of real property can be financially devastating. There are ways to mitigate the damage and get the best results possible, requiring the knowledge of an experienced team of legal professionals.
The attorneys of Palmieri, Hennessey & Leifer, LLP, serve clients in Irvine and throughout Southern California in all types of eminent domain issues. We provide comprehensive advocacy backed by decades of legal experience focused on eminent domain, inverse condemnation and related property law matters. Our lawyers provide extensive knowledge and insight to protect our clients’ legal and financial interests.
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.
Businesses and individuals facing eminent domain should reach out to a lawyer immediately. It is good to talk with an attorney even before contact has been made for a real property taking. If there has been talk of a taking of your property, you should not wait. Call us at 949-652-2622 or fill out the online contact form. We offer free initial consultations.