Lawyers Protecting Individuals And Businesses In Regulatory Takings
Before purchasing property, most people do in-depth research of the property itself and the various laws and zoning regulations in the area to make sure they can use the property for their intended purposes. However, it is not uncommon for the laws and regulations to change after the land purchase, rendering the intended use illegal. Individuals and businesses in this situation need to know that they have rights and a skilled legal team can help protect their interests.
The attorneys of Palmieri, Hennessey & Leifer, LLP, have decades of experience and knowledge in all areas of eminent domain law, inverse condemnation and regulatory taking. We will look at your unique situation and determine the best approach for protecting your rights and financial interests. Our legal team is located in Irvine and serves clients throughout Southern California and the State of California.
What Is A Regulatory Taking?
A regulatory taking is similar to eminent domain. In eminent domain, the government literally takes land from an individual or business. Because the landowner has lost value, the government pays the property owner fair market value for the property.
In a regulatory taking, the government does not literally take the land from the landowner. Instead, the changes in laws or regulations result in the loss of value or intended use of the property. Although there is no literal taking in a regulatory taking, the landowner has lost the economic value of the property and is entitled to compensation for that loss. Examples of regulatory takings can include changes in zoning ordinances so that you are no longer allowed to engage in commerce on the property and building moratoriums that prevent you from erecting your storefront.
The Onus Is On You To Start The Procedure
One way that a regulatory taking is different from the eminent domain process is that you do not receive notice from the government and an offer for compensation. In a regulatory taking, you have to file a claim for compensation. Critical to a successful claim is to have all the research done and valuations made by experts so that you can establish your financial losses definitively.
Our lawyers can examine your case and determine the best course of action for you. A lawsuit for compensation is the most common procedure, but there is also the option of challenging the constitutionality of the laws or regulations that resulted in the regulatory taking.
Talk With An Attorney At A Free Initial Consultation
Do not wait to talk to us. The sooner we get involved, the more we can do to protect your financial interests. Call us at 949-652-2622 or email us to schedule your free initial consultation with an experienced attorney from Palmieri, Hennessey & Leifer.