Just Compensation For Real Property In Eminent Domain
A critical aspect of the American government is the right of citizens to be free from their private property being taken by the government without adequate cause and just compensation.
Although this is a great theory and an important protection of our rights, in practice, it is much more complicated. Without the help of an experienced and professional legal team advocating for you in an eminent domain proceeding, you are likely to end up receiving far less for your property than you could otherwise obtain.
The legal team at Palmieri, Hennessey & Leifer, LLP, is extremely well-versed in the process of obtaining just compensation for eminent domain takings. Serving clients in Irvine, Southern California and throughout California, we use decades of focused experience to help protect our clients and help them obtain the compensation they deserve for their properties taken in eminent domain.
Understanding Maximum Compensation
Many individuals and businesses simply accept the initial offer from the government seeking to take their land. They don’t think they have any choice or ability to negotiate.
However, California law dictates that citizens losing their property to government takings should receive fair market value – the highest price. The eminent domain process allows you to make sure you get at least the fair market value for your property.
The issue usually involves determining what exactly is the fair market value is for a given tract of land. There are a few important considerations involved in this:
- Fair market value: California statutes define fair market value as the highest price a willing seller and a willing buyer would agree on in an open market, assuming both parties have full knowledge of the property’s potential uses. In simpler terms, it’s the best price your property could fetch if you were to sell it voluntarily.
- Valuation: Our attorneys work with appraisal experts to determine what a specific property would be worth on the open market. This will include the value of any structures on the property.
- Loss of goodwill: For businesses, California allows compensation for the loss of business goodwill in eminent domain. The inconvenience of customers going to a different location and other related factors play into the determination of loss of goodwill. The loss of goodwill is not simply lost profits from the taking (though that can be factored into the overall valuation).
Our team has handled hundreds of eminent domain cases, so we know the details of how to determine actual fair market value for our clients’ properties. We also know the procedures involved in order to make a winning case to get our clients the best compensation possible or, in some cases, to stop an eminent domain taking entirely.
How Our Attorneys Handle Government Appraisals
When facing a government taking, you’ll likely encounter government appraisers who assess your property’s value. While these appraisers aim to be fair, their estimates may not always reflect your property’s true worth. Here’s how we approach this crucial aspect of just compensation:
- Expert team collaboration: We don’t rely solely on government appraisals. Instead, we work with a network of professionals, including independent appraisers, land use experts, civil engineers and environmental specialists.
- Comprehensive property evaluation: Our team conducts a thorough assessment of your property, considering factors such as current and potential land uses, future development possibilities, environmental factors and local market trends.
- Challenging undervaluations: If we believe the government’s appraisal undervalues your property, we’re prepared to challenge it. We use our experts’ findings to build a strong case for higher compensation.
- Negotiation strategy: Armed with comprehensive data and expert opinions, we negotiate with government officials to ensure you receive truly just compensation.
- Legal advocacy: If negotiations don’t yield satisfactory results, we’re ready to present our case in court.
Our goal is to secure the maximum fair compensation for your property. By leveraging our experience and our network of experts, we work to ensure that every aspect of your property’s value is recognized and fairly compensated in the government taking process.
We Can Help You Get Just Compensation
Your property rights deserve strong protection and unwavering advocacy. At Palmieri, Hennessey & Leifer, LLP, we have the experience, knowledge and resources to help you navigate this process and fight for the fair compensation you deserve.
Call us today at 949-652-2622 or contact us online. We offer free initial consultations.