California Eminent Domain Attorney
CA Eminent Domain Attorneys Representing Business and Property Owners
Eminent domain is a controversial subject in the United States. Many property owners believe that it is an example of government overreach and provides the federal government with carte blanche to seize any property they wish with little to no room for the property owner to fight back. If you are facing an eminent domain case, a California eminent domain lawyer is the ideal resource to consult to help you defend your rights and your property.
Century Law Group has extensive experience representing California property owners, both residential and commercial, in eminent domain cases. In order for the government to successfully assert eminent domain over a property, they must prove that the property will be restructured for public use and provide fair compensation for the property, but they often attempt to coerce property owners into accepting lowball offers for their property.
We can help you make clearer sense of your defenses against an eminent domain case and government overreach. Throughout the years of our firm’s operation we have successfully helped many clients protect their property rights and secure fair compensation for their properties. Whatever your case requires, you can rely on our firm for consistent support through all of these proceedings and to do everything we can to help you secure a fair offer.
Know Your Rights in an Eminent Domain Case
Generally, a property owner will have very little room to argue against an eminent domain claim on their property. Once the government has decided they need to use private property for a public project of any kind, the property owner’s optimal course of action will be to focus on securing the maximum amount of compensation for their property. Initially, the government will usually attempt to settle the matter for as little as possible.
When you have an experienced California eminent domain lawyer representing you, they can help you secure a much better deal than the government has extended. Century Law Group can represent you and provide effective legal support for various aspects of your eminent domain case in California:
- The government is required to provide fair compensation for the market value of the property they wish to take, the lost goodwill of your business, if it is a commercial property, the value of fixtures and equipment, and they can also be compelled to pay for relocation costs.
- If the government intends to take part of a private property, they must not only compensate the property owner for the portion they intend to take, but also for the reduced value of the property following the completion of their project. It is also possible for the property owner to receive compensation for the improvements they have made to the property since they purchased it.
- The government must also pay severance damages to the property owner. Your California eminent domain lawyer will know how to negotiate on your behalf to secure as much compensation as possible for the loss of your possessory rights to the property in question.
- It is sometimes possible for the property owner in an eminent domain case to recover compensation for attorneys’ fees and litigation costs from the government. This means that with the right attorney handling your case, it may cost you nothing to resolve your case efficiently and secure a much better offer than the government initially extended to you.
Valuation of your property and the assets you own on the property is arguably the most important aspect of an eminent domain case in California. Since you will likely have very little room to argue against the seizure of your property, the optimal outcome of your case will entail securing as much as possible in compensation from the government. This will require a very thorough valuation of the property, and your attorney can help you efficiently complete this.
What to Expect From Your California Eminent Domain Lawyer
Century Law Group is often able to help our clients in California’s eminent domain cases recover far more compensation for their properties than is initially offered. We can represent you not only in your initial negotiations with the government but also in any subsequent litigation necessary to resolve your case. Ultimately, eminent domain cases can be unpredictable, so it is important to have legal counsel you can trust on your side.
You have very little time to respond to an eminent domain claim from the local, state, or federal government. If any government entity has prepared a public use project that requires your property, then you need to work quickly to accurately value your property to ensure the maximum amount of compensation, and you will need an experienced attorney’s help to accomplish this. Reach out to Century Law Group right away to discuss your case with our team.
What is Eminent Domain?
Eminent domain (also known as condemnation) is the inherent power of local, state, or federal government agencies to take a citizen’s private property. The government can take the property without the owner’s consent so long as the property will be used for “public use” and the owner is paid “just compensation.”
Why can the Government take my property?
The government’s right to take personal property for public use so long as it pays just compensation is enumerated in the Fifth Amendment to the United States Constitution and article I section 19 of the California Constitution. People often refer to it as the takings clause.
Can I fight the Government?
Most government agencies have the power of eminent domain. In fact, over 380 municipalities in California have created redevelopment agencies with eminent domain power. However, on occasion there are instances where a successful challenge of a taking could be made when necessity or public use is not found. More likely, a successful challenge can be made to the government’s initial compensation offer for the taking. Century Law Group can assist you in your attempt to seek a higher compensation for your property interest.
Can I negotiate with the Government?
You can negotiate with the Government. Typically, after the government agency has given the initial offer, you can try to negotiate a higher amount directly with the government official. However, once a complaint has been filed and a lawsuit has commenced, the informal negotiation period has ended. An answer to the complaint must be filed within 30 days of the complaint being served. After the complaint has been answered, you or your attorney will participate in mandatory settlement conferences during the pre-trial stage of the lawsuit.
What if I rent the property instead of owning it?
Depending on the terms of your lease, if you are a tenant of property being condemned, the government still needs to pay you just compensation if the taking has interfered with your enjoyment of possessory rights in the property. A tenant can often receive the present value of his or her future right to possess and use the property if the lease does not contain a condemnation clause. Under certain circumstances, even if the lease does contain a condemnation clause, the tenant also has a right to compensation for removable fixtures and equipment, relocation costs, and loss of business goodwill.
What if only part of my property is taken?
The government will often just take a portion of someone’s property, in order to widen a road, for example. If the government does not take your entire property, it is still required to pay you just compensation, called severance damages. In this case, severance damages will usually include the value of the part of property taken, plus the damage to the remaining property. Depending on the circumstances, the damage to the remaining property can be quite high.
Can I receive compensation before the completion of a lawsuit?
Typically when a lawsuit is commenced, the government agency will deposit into the state treasury an amount of money it determines to be the probable compensation based off its expert appraisal report. After deposit, the government agency may request early possession of the property prior to a judgment. The property owner can request to withdraw this deposit prior to a judgment as well. This does not affect your ability to obtain a higher amount of compensation at a later date, either through settlement or judgment.
What happens if I ignore the complaint?
Once the government has filed and served you with a complaint, a lawsuit has commenced. Property owners sometimes think they can ignore the complaint, or continue negotiating with the government agency. However, once a complaint has been served, you have thirty days to respond to the complaint by filing an answer with the court. If you do not file this answer, you may have a default judgment entered against you. This means the government will pay you the amount stated in the complaint, which is often a lower amount than the property owner truly deserves. While it is sometimes possible to get this default judgment vacated, it cannot be guaranteed.
If you are facing an eminent domain claim from the government, it is crucial that you consult a California eminent domain lawyer right away. During your initial consultation with Century Law Group, we will review the details of your situation, examine the offer from the government, and help you determine your most viable legal strategies in this difficult situation. While you may not be able to prevent the seizure of your property, we can help negotiate a fairer offer.
We will carefully explain our billing policy during your initial meeting with our team, so you will know exactly what to expect when it comes to your legal fees. Our goal is to help you resolve your case as efficiently as possible, and the results we may help you secure can ultimately save you a great deal in the long run. The sooner you contact our firm, the sooner we can get started working on your case.
Find Legal Counsel You Can Trust in California
Eminent domain cases can be very hard to win, and “winning” may either entail disproving the grounds for the government’s claim to your property or negotiating for a better deal than what they initially offered. Century Law Group will draw upon a wealth of professional experience to help you develop the strongest possible case, so contact us today and schedule your consultation with a California eminent domain lawyer you can trust.
Applicable Eminent Domain Codes
Code of Civil Procedure §1240.010 — The constitutional limitation that the power of eminent domain may be exercised only for a public use.
Code of Civil Procedure §1245.010 — Government agency officials have the right to enter the property in order to make studies, surveys and other investigations.
Code of Civil Procedure §1260.010 — Eminent domain actions “shall be quickly heard and determined” and are given priority over other civil actions.
Code of Civil Procedure §1263.120 — Defines the date of valuation as the date of “commencement of the proceeding.”
Code of Civil Procedure §1263.210 — Provides that property owners will be paid for the value of fixtures and improvements.
Code of Civil Procedure §1263.320 — Defines fair market value as the highest price on the date of valuation.
Code of Civil Procedure §1263.510(b) — Defines goodwill as the “benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage.”
Code of Civil Procedure §1265.150 — The lessee (or tenant) is entitled to seek compensation for the loss of his or her lease when the government condemns the property.
Government Code §7267.1 — Government agency must conduct an appraisal on the property prior to making an offer or commencing negotiations.
Government Code §7267.2(a) — Government agency must provide the owner with a summary of the appraisal report prior to adopting a resolution of necessity.
Relocation Assistance Act (Government Code §7260-7277) — Government agency must compensate the property owner for actual moving and related expenses.
Glossary of Helpful Terms
Answer
Once a complaint has been filed, you must file an answer to the complaint. This answer will accept or deny each of the allegations alleged in the complaint. It should also contain a statement of the nature and extent of the interest you claim in the property as well as claims of loss of goodwill and precondemnation damages if applicable.
Blight
Elimination of blighted areas has long been held to be a valid public use. Blight has been found to include unsafe buildings, dilapidation, faulty utilities, subdivided lots of irregular shape and inadequate sized lots for development.
Complaint
The complaint is the first pleading filed with the court in a condemnation action. The complaint will state the government agency as the plaintiff in the action. Yourself, as well as other parties with an interest in the property are typically listed as the defendants in the action. The complaint will state the property being condemned and a statement of the government’s right to take the property, among other allegations.
Condemnation Clause
A condemnation clause is a clause in a lease between the landlord and tenant stating that if the property is condemned the tenant will not receive a portion of the compensation.
Date Of Valuation
The date of valuation is the date the complaint is filed if the case is brought to trial within one year. If the case is brought to trial after one year, the date of valuation will become the date trial begins.
Default Judgment
If an answer is not filed within 30 days after the complaint has been served, the government can obtain a default judgment against you. This default judgment precludes you from making a finding of additional compensation owed to you. Typically, the government will seek a default judgment amount based off its appraisal report, which can be substantially lower than the amount found through settlement or trial.
Discovery
Discovery is a pretrial phase of litigation. During discovery, both sides seek information from each other in an attempt to build and prove their case. In eminent domain actions, discovery typically includes both sides having the property appraised. Other discovery requests can include requests for documents and interviewing interested parties, known as taking depositions.
Fair Market Value
The fair market value of property is the highest price estimated that the property would bring if exposed for sale for a reasonable period of time. The highest price is determined by the “highest and best use” of the property. Real estate appraisers for both parties will each make a determination of the fair market value for the property at the date of valuation. Both appraisals will be presented to a jury to determine the final amount paid.
Appraisal amounts can differ drastically, which can lead to a big difference in the final amount paid. Century Law Group, LLP works with experienced, knowledgeable appraisers who will be able to give a fair appraisal of your property.
Improvements
Improvements, which the property owner is entitled to compensation for, is defined as “any machinery or equipment installed for use on property taken by eminent domain” which cannot be removed from the property without substantial economic loss or damage to the property. These improvements are oftentimes referred to as “fixtures and equipment.”
Judgment
If both sides do not reach a settlement agreement, the eminent domain action will be tried before a jury. At the conclusion of the trial, the jury will deliberate to come up with a value of the property based off evidence provided by both parties. The value the jury finds is called the judgment and is the final dollar amount the government is ordered to pay the property owner.
Just Compensation
The Fifth Amendment of the United States Constitution and Article I Section 19 of the California Constitution both provide that the government must pay “just compensation” in order to take private property. Generally, “just compensation” is sought for the value of the real property being taken, improvements to the property, such as fixtures and equipment, and business goodwill. Just compensation for these items is generally the “fair market value” of the item as of a particular date.
Loss Of Goodwill
If a business is on property which is condemned, whether it owns the property or leases, the business owner is entitled to compensation for loss of business goodwill as a result of moving business locations. The owner must show that a loss is caused by the property being condemned and that the loss cannot be reasonably prevented by relocating. Typically, a goodwill expert will evaluate the loss of goodwill caused by the condemnation. See CCP §1263.510(b) below for a definition of goodwill.
Public Use
Originally, public use was construed to mean land to be used by the public. This would often include uses such as public roads and highways, schools, libraries, and police stations. Elimination of “blighted” areas has also been a common public use. As of 2005, the United States Supreme Court has held that eminent domain can be used to take private property in order to give it to another private party. This controversial economic redevelopment theory is that new owners will put the land to more lucrative uses, thereby increasing tax revenues which would benefit the public.
Resolution Of Necessity
A Resolution of Necessity must be adopted by the government agency before the agency can commence an eminent domain proceeding in court. This formal decision states that the agency has concluded that the following conditions have been met: (i) the project is necessary and in the public’s interest, (ii) the project provides for the greatest public good and least private injury, (iii) the property is necessary for the project, and (iv) an offer has been made to the owner of the property. These findings are typically conclusive except for where gross abuse of discretion, bribery or fraud can be found.
