Providing Clients With Comprehensive Legal Services Since 1983

Michele M. Goldsmith, Gregory M. Bergman and Brian J. Bergman

Los Angeles Eminent Domain And Inverse Condemnation Lawyers

In Los Angeles, private property may be taken for public use only when just compensation is paid, typically tied to fair market value. Knowing what must be paid, what can be challenged and when to act can change the outcome. Inverse condemnation occurs when government actions result in property taking or damage without formal condemnation action proceedings. This legal process allows property rights holders to seek just compensation when public agencies impact their property through regulatory takings or physical interference.

Our lawyers have provided dependable service to clients throughout Los Angeles, California and Southern California since 1983, handling complex eminent domain and inverse condemnation cases for both private property owners and public agencies.

Understanding California’s Eminent Domain Laws

California’s Eminent Domain Law sets the framework for the eminent domain process, including how value is determined and when a condemning entity may obtain possession. Compensation can include the property’s fair market value, severance damages in partial takings and, in qualifying cases, business goodwill.

Businesses displaced by a taking may recover for lost goodwill if statutory requirements are met, and severance damages to the remainder property may be reduced by proven project benefits. These rules can materially affect the check a client receives.

How Can A Los Angeles Eminent Domain Attorney Help With Your Case?

Before you make choices that are hard to undo, speak with an Eminent domain attorney about the items that most often drive value and risk. These are key areas where we assist in eminent domain matters:

  • Full taking of property: We evaluate the entire acquisition to help ensure compensation reflects true value, including any unique features or future potential.
  • Partial taking of property: For cases where only part of your land is needed, we address severance damages and how the remaining portion is affected.
  • Goodwill and right to take: We handle claims for business goodwill losses and challenge if the public use justification falls short.
  • Offsets: We review any proposed reductions in compensation, like benefits from the project, to confirm they are applied fairly.
  • Condemnation matters: From initial offers to court proceedings, we manage all steps to protect your interests.

As an eminent domain law firm, we guide both property owners and public agencies through each step so decisions are informed, records are preserved and leverage is used at the right moments.

We bring decades of courtroom experience, round-the-clock availability and offices across Southern California to serve you where you are. Our eminent domain attorneys also work closely with our environmental, land use and development group when projects raise permitting or planning issues.

What Are Common Causes Of Inverse Condemnation In Los Angeles, California?

Inverse condemnation claims in Los Angeles typically arise when government actions interfere with private property rights without proper compensation. Common causes include:

  • Infrastructure development, including highway construction, bridge building and pipeline installation
  • Utility projects involving power lines, water systems and telecommunications infrastructure
  • Flood control projects that redirect water flow and impact adjacent properties
  • Airport expansion or operations that create noise pollution and property devaluation
  • Public use facilities such as parks, schools and municipal buildings affecting neighboring land
  • Zoning changes and regulatory takings that severely restrict property development

These scenarios demonstrate how public agencies can inadvertently create situations requiring compensation for property impacts.

What Remedies Are Available For Inverse Condemnation In Los Angeles?

Property owners facing inverse condemnation have several legal remedies available under California law, including:

  • Just compensation for the fair market value of property taken or damaged
  • Precondemnation damages for loss of property value prior to formal proceedings
  • Attorney fees and litigation costs in successful inverse condemnation cases
  • Injunctive relief to stop ongoing governmental actions that damage property
  • Restoration of property to its original condition when feasible

These remedies help property owners recover from financial losses while allowing public agencies to complete necessary public projects.

Is There A Statute Of Limitations For An Inverse Condemnation Claim In California?

Yes, California has specific time limits for filing inverse condemnation claims. Property owners must generally file their claims within three years from the date the government action caused the property damage or taking. However, the statute of limitations can vary depending on the specific circumstances involved.

Schedule A Consultation With A Los Angeles Attorney Well-Versed In Eminent Domain And Inverse Condemnation

Whether you are a property owner or a public agency, our experienced lawyers can help. Contact BDG Law Group today at 310-470-6110 or submit an online contact form to schedule your consultation at one of our offices conveniently located in Los Angeles, Costa Mesa and Oxnard.