Eminent Domain and Inverse Condemnation Litigation
Where a governmental agency is, or has used, damaged, or taken your land, you have the right to be compensated, compensation that can include the cost of any attorney’s fees and costs you incur in protecting your rights.
While it is surprising to many people, federal, state, and local governments can take land from a private property owner. Such takings can range from as simple as Caltrans temporarily putting a porta potty on your land while they patch the road, to a public culvert that overflows onto your property and floods the basement of your restaurant, to as extreme as the State or County taking your property to build a public park.
If a governmental agency wants to take your land for use by the public, such as for a park or road, they are constitutionally permitted under the state’s right of eminent domain. This type of taking is highly regulated and requires that the State follow a well-defined set of procedures to ensure that the property owner is justly compensated for the value of the land taken.
Even though well defined, the process of eminent domain is not straight forward, it favors the State, and for the unwary property owner, it can allow the State to take land for far less than the property owner deserves.
While like eminent domain, inverse condemnation occurs not where a governmental agency acquires your land through eminent domain, but where the State uses or damages your property.
To protect your rights, choosing the right attorney, one with the experience, attention to detail, and skills needed to understand your matter is critical to successfully navigating eminent domain and inverse condemnation cases.
We have decades of experience protecting property rights in eminent domain and inverse condemnation actions and welcome the opportunity to help you protect your rights and ensure that you are compensated for the impact that the government’s action has had on your land.