Practice Areas
Eminent Domain and Inverse Condemnation
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Our Eminent Domain Practice Group provides both the public and private sectors with experienced representation in matters involving eminent domain, inverse condemnation and regulatory takings. Its breadth of experience gives our litigation team a unique understanding of both sides of eminent domain actions, allowing us to provide exceptional service.
Our public agency practice includes advising agency staff and governing boards from the initial decision to acquire property through the final order of condemnation. While some agencies merely seek trial counsel, others want comprehensive advice concerning the condemnation process. We can provide assistance at each step of the process.
Our condemnee practice includes representation of property owners, business owners, lenders and others with an interest in the property being taken. We advise clients from the earliest stages concerning the public’s right to take the property, the timing of possession, and of course, the amount of just compensation that must be paid.
We are careful to consider the economics of every situation, and always attempt to resolve cases favorably before trial. Sometimes settlement is not possible. Our attorneys have tried condemnation cases before both judges and juries, addressing every facet of eminent domain law. We have tried complex matters which have taken several months of judge and jury proceedings and involved many millions of dollars of compensation owed, and relatively simple matters to a court over a few days. In addition to serving clients in the courtroom, our experience and knowledge allow us to effectively represent clients in negotiations, pretrial conferences and hearings.
Our specialized eminent domain practice includes issues regarding the right to take, pre-condemnation damages, goodwill damages, severance damages and just compensation. We have handled cases involving undeveloped property as well as developed commercial and retail property, rights of way, freeway and road construction, transit construction, flood control and redevelopment projects.
To aid courts and practitioners, our attorneys use their expertise to author the “Community Redevelopment,” “Eminent Domain” and “Inverse Condemnation” chapters of Miller & Starr, California Real Estate, 3d, the definitive treatise on California real estate law. Members of the Eminent Domain Practice group also lead peers and members of the real estate industry by teaching seminars before the California State Bar, the International Council of Shopping Centers, local bar associations and other organizations.