California Eminent Domain And Inverse Condemnation Lawyers

Eminent domain and inverse condemnation procedures and laws are complex. They require the skills of an experienced attorney. At BDG Law Group, we have the experience necessary to help our clients navigate the eminent domain process in an efficient and productive manner.

If you are facing a legal issue involving eminent domain, contact our California offices to arrange a free consultation. Our attorneys provide superior advocacy to guide clients through every aspect of their case. We are available 24 hours a day, seven days a week to answer any questions you may have.

Types of California Eminent Domain Cases We Handle

At BDG Law Group, our attorneys provide personalized and effective service for any eminent domain concerns. At our firm, teamwork is key. We work closely with our clients to meet their objectives and protect their rights throughout the entire process.

Eminent domain issues require extensive negotiation and legal knowledge. We take pride in offering such skill to all of our clients in all of the following situations:

Full Taking Of Property

BDG Law Group has successfully managed many full takes. We represent a variety of entities, including counties or cities, to obtain land for public use and benefit.

Our attorneys have experience working with government agencies on full takes and partial takes. We negotiate on our clients’ behalf to obtain the best possible outcome available.

Partial Taking Of Property

We can help with easements of above-ground or subsurface property. Our experience also extends to acquisitions of land for sewer systems or electric lines.

Goodwill And Right To Take Challenges

We have extensive experience taking on complicated and time-sensitive objections property owners may have to eminent domain.

Our attorneys have also managed to challenge goodwill claims of displaced businesses if they do not follow proper procedure.

Obtaining Offsets

The lawyers of BDG Law Group can help negotiate lower prices for eminent domain claims if there is existing environmental contamination or damage to the property.

Condemnation Issues

BDG Law Group‘s eminent domain practice also includes all aspects of condemnation law, including:

• Pre-condemnation planning
• Supporting the administrative condemnation process
• Litigating both condemnation and inverse condemnation actions

Understanding the California Eminent Domain Process

Here is an overview of the major stages, with relevant statutory references where applicable:

1. Project planning and environmental review

A public entity must identify a project serving a legitimate public use and complete required environmental review before pursuing acquisition.

2. Notice of intent to appraise

The agency notifies the owner that the property will be appraised, signaling the start of the valuation process.

3. Appraisal and statutory offer

A formal appraisal is conducted, and a written offer is made. Under Government Code § 7267.2, purchase offers must reflect approved appraisal findings and include a summary of how value was determined.

Negotiation period

The parties may negotiate terms, valuation and potential resolution without litigation.

4. Notice of hearing for resolution of necessity

The agency schedules a public hearing to consider whether the taking is necessary.

5. Adoption of the resolution of necessity

The governing body adopts one or more Resolutions of Necessity, authorizing the condemnation.

6. Filing the complaint (condemnation lawsuit)

A formal court action is initiated to acquire the property.

7. Deposit of probable compensation

The agency deposits its estimated compensation with the court.

8. Order for prejudgment possession

The agency may request early possession under court supervision.

9. Discovery and expert exchange

Both sides exchange evidence and valuation experts.

10. Final offer and final demand

Statutory final settlement positions are exchanged.

11. Trial and judgment

If unresolved, a judge or jury determines just compensation.

An eminent domain attorney helps ensure compliance with California law and protects against undervaluation.

What Are California’s Laws Regarding Eminent Domain And Inverse Condemnation?

California’s eminent domain and inverse laws exist to balance public land use needs with private real estate rights, while helping ensure that property owners are treated fairly when government action affects their property.

At the core of California’s legal framework are the following authorities:

• Article I, Section 19 of the California Constitution: This provision establishes the requirement of just compensation when private property is taken or damaged for public use. It applies not only to direct takings but also to situations where government actions cause substantial property issues, laying the foundation for inverse condemnation claims.
• California Code of Civil Procedure § 1230.010: This statute formally sets out the Eminent Domain Law of California. It governs how public entities may acquire private real estate, outlines procedural safeguards for owners and explains how purchase offers must be made and supported by valuation evidence.

Together, these laws define what public agencies may do, how they must do it and when a property owner may challenge the action or seek compensation.

What Is Inverse Condemnation In California?

Inverse condemnation is a legal process in California where property owners can seek compensation if the government takes or damages their property without formally using eminent domain. This occurs when a government action, such as a regulation or physical intrusion, significantly impacts the property’s value or use.

The process typically involves: 

1. The property owner identifies the government action affecting their property.
2. They file a claim against the responsible government entity.
3. The owner must prove that the government’s action resulted in a taking or damaging of their property.
4. If successful, the court determines the fair compensation owed to the property owner.

Unlike traditional eminent domain, inverse condemnation is initiated by the property owner, not the government. This process ensures that property owners have recourse when government actions inadvertently or indirectly impact their property rights. Essentially, it helps maintain a balance between public needs and private property protection.

Common Issues That Can Lead To Inverse Condemnation

Two types of property takings can lead to an inverse condemnation claim.

Physical takings are generally the most common form of land seizure for public use through eminent domain procedures.

Regulatory taking involves more controversial elements. It can relate to the temporary taking or governmental occupation of property that subjects the property to certain regulations that could render it unusable or damaged.

When Can A Government Entity Be Liable For Inverse Condemnation In California?

A government entity in California can be liable for inverse condemnation when its actions result in a taking or damaging of private property without just compensation. This can occur in various situations, affecting both property owners and public agencies: 

• Physical invasion or occupation of property
• Regulatory actions that significantly restrict property use
• Damage caused by public projects or infrastructure
• Interference with property access or use

More specifically, liability may arise in cases such as: 

• Flooding or property damage due to public works projects
• Noise pollution from public utilities or transportation infrastructure
• Zoning changes that severely limit property development
• Soil erosion or landslides caused by public construction
• Loss of business due to extended road closures

To establish liability, the property owner must demonstrate that the government’s action or public project directly caused a substantial impairment of property rights. The impact must be more than incidental or temporary.

Courts will consider the extent of the damage, the public benefit of the action and the overall fairness when determining if just compensation is required. Both property owners and public agencies should be aware that inverse condemnation claims can arise even without a formal condemnation action. 

Why Hire A California Inverse Condemnation and Eminent Domain Lawyer From BDG Law Group?

BDG Law Group offers exceptional representation in eminent domain and inverse condemnation cases, serving both property owners and public agencies throughout Los Angeles, Costa Mesa, Oxnard and other parts of California. Our firm’s experience and dedication set us apart: 

• Over 40 years of experience since our founding in 1983
• Comprehensive knowledge of the Fifth Amendment and California inverse condemnation laws
• Skilled in handling complex cases involving public projects and utilities
• Experience in calculating just compensation and pre-condemnation damages
• Committed to legal excellence and personalized service

We pride ourselves on our ability to handle tricky inverse condemnation claims, whether representing property owners seeking fair compensation or public agencies defending their actions. Our extensive experience in both eminent domain and inverse condemnation allows us to provide comprehensive, strategic counsel tailored to each client’s unique situation.

Contact Our California Inverse Condemnation and Eminent Domain Attorneys Today

We are prepared to answer all of your questions. Email our firm or call 310-470-6110 to schedule a free consultation at our Los Angeles, Costa Mesa, Oxnard and Ontario locations.