Eminent Domain Attorneys in Riverside County, CA

Aggressive Advocacy for Property Owners Facing Eminent Domain

If you have received a notice that the government intends to take your property under California eminent domain, you most likely have many questions, including whether it is legal and whether the state will pay fair market value. Eminent domain can be overly complex, and if not handled correctly, you could end up on the losing side of the case.

Venable Legacy Planning & Law is a Southern California law firm that has extensive experience helping clients navigate the legal issues that arise in eminent domain cases. If you have questions or concerns about your property, contact our law firm immediately to schedule an initial consultation.

What is Eminent Domain in California?

If the state of California has sent you a notice that they want your property, you must understand the eminent domain process and what you can do if you want to challenge the project or the compensation offered.

In California, the state has the legal authority to seize private property for “public use” in exchange for “just compensation.” Under the law, just compensation is defined as fair market value. Often called “condemnation”, this process is meant to advance public projects such as roads, schools, or means of transit, like the high-speed rail.

While the California Supreme Court has affirmed that the state can take private property for public purposes, public agencies must prove that the land use is needed for a valid project. For example, the California Department of Transportation would have to prove that it needed your property for a highway expansion and that the public interest requires it.

The process includes state agencies that appraise the property, make an offer, and then hold a public hearing to adopt a “resolution of necessity.” A resolution of necessity is a mandatory document that authorizes the taking of property under eminent domain. If an agreement cannot be reached with property owners, the state can file a lawsuit to take the property.

Can I Actually Stop the Government from Taking My Property?

A common question many property owners ask their attorneys is whether they can actually stop the government from taking their land. While stopping the government from taking your land is not altogether impossible, it is extremely challenging.

Although in most instances, you cannot refuse a valid, legal seizure under eminent domain, you do have the right to challenge whether the project is necessary or try to negotiate for greater compensation.

Eminent domain matters are well-known for being legally complex, and if you are thinking of challenging the decision, you must have an attorney to represent your interests. In some instances, a skilled attorney may be able to challenge whether the proper legal procedures were followed or argue that the proposed compensation does not meet fair market value.

If you are concerned about the government trying to take your property, the first step is to hire an experienced attorney, such as those at Venable Legacy Planning & Law, who will fight to protect your interests.

What is Just Compensation in an Eminent Domain Case?

Just compensation is a constitutional requirement in California eminent domain cases. Under California’s 5th Amendment, the government must offer property owners fair market value, defined as the highest price a willing buyer would pay in cash to a willing seller.

Just compensation is determined by an appraisal conducted by the government to assess the property’s best and highest use.

Partial Take

If the government takes only a portion of the property, owners are compensated for the land taken and for “severance damages.” Severance damages are intended to compensate for the property’s reduced value and the loss of its remaining use.

Loss of Business Goodwill

If the government decides it needs a business owner’s property, the owner may receive compensation if they cannot reasonably relocate or minimize their losses. Business owners may also receive compensation for the expense of re-establishing their business elsewhere and moving expenses.

What is an Inverse Condemnation Action?

Inverse condemnation is related to eminent domain as a legal remedy when the government takes or damages the owner’s property without initiating formal condemnation proceedings as required by law. In inverse condemnation action cases, property owners can file a lawsuit to recover just compensation. Inverse condemnation actions often arise from reduced property value or property damage resulting from public utility improvements or public projects.

California law dictates that public entities can be held strictly liable for any physical damage caused by improvements. Being held strictly liable means that property owners do not have to prove negligence to recover compensation.

As with eminent domain cases, property owners can often recover fair market value compensation or loss of business goodwill, depending on the circumstances of the case.

What are the Legal Benefits of Hiring an Eminent Domain Lawyer to Help Me With My Case?

The moment that you receive a notice that the government is interested in taking your property through eminent domain, it is in your best interest to hire a lawyer. An eminent domain lawyer will represent your legal interests to ensure that you receive higher compensation for your property than the government’s initial offer.

In many instances, the government will try to present offers that fail to reflect fair market value. Your lawyer can work to maximize your recovery based on any fixtures or improvements you have made.

If you are a business owner, an experienced eminent domain attorney can determine fair compensation based on loss of business goodwill and profitability. In other instances, a knowledgeable eminent domain lawyer can assess if the government’s proposal serves a legitimate public interest. If your lawyer determines that the case does not qualify, they could help you fight to keep your property.

The eminent domain process can be challenging to navigate without legal assistance. Our Riverside County eminent domain lawyers have a proven record of helping property owners protect their interests and are prepared to defend your rights aggressively.

What Makes Venable Legacy Planning & Law the Right Choice to Protect My Rights?

Venable Legacy Planning & Law is a Riverside County law firm that is committed to protecting property owners. If the state is trying to take your land through eminent domain, you must know your rights. Too often, we have had to fight the state to ensure that clients receive just compensation for their property.

Contact our law offices today in Hemet, CA, at 951-540-3714, or in Murrieta, CA, at 951-540-3592 to schedule a consultation with an experienced estate planning attorney to determine your legal options.