Experienced Attorneys Helping Clients Stop Eminent Domain
Real property owners – whether individuals or business and commercial property owners – are always vulnerable to a public taking of their land from a state or federal government entity. Those in this situation need to protect their rights at all costs. Working with an experienced legal team focused on eminent domain and real property issues is an important step to stop the taking of your land.
At Palmieri, Hennessey & Leifer, LLP, our two lead attorneys have been handling legal matters related to eminent domain together for more than 30 years. We know the nuances of public land takings and other eminent domain issues in California, and we know how to protect our clients’ rights. From our main office in Irvine, we represent businesses and individuals throughout Southern California and the State of California.
How To Stop An Eminent Domain Taking
The two primary ways to stop eminent domain are contesting the public use and showing procedural errors.
Contesting The Public Use
The government is allowed to take private land, but only if the taking is to use the land for “public use.” One of the most important ways to stop a taking of real property is by showing that the plan for the property does not fall into the definition of public use.
Our lawyers have been through this process hundreds of times. We have a thorough understanding of the legal definition of public use and how this has been interpreted in precedent. Our attorneys do all of the necessary research to examine the government’s plan for your land and determine whether you could win a claim against the entity seeking your land.
In addition to what the government plans to do with your land, how it proceeds in taking the land is of critical importance. There are detailed regulations and procedures for how a government entity is to proceed when taking land.
Make sure you keep detailed records of the entire process if your property is being taken. Establishing a violation of the eminent domain procedures can halt the proceedings.
The definition of “public use” is extremely broad and the government entities initiating eminent domain proceedings are careful, and they know how to avoid mistakes in their processes. It is difficult to stop an eminent domain taking, but it is not impossible. Our attorneys will examine your case, and we will fight to protect your rights against eminent domain.