California Eminent Domain Cases
Eminent domain or condemnation is the legal process that a government, governmental agency, or other entity with governmental authority can use to acquire private property for public purposes. The power of eminent domain is provided by the constitutions of both the United States and California, and through various local statutes. In many cases, government entities may share the power of eminent domain with such semi-private entities as utility companies and other organizations that work to benefit the public.
Have you suffered California eminent domain abuse?
The eminent domain process in California does not mean that the government, or an agency acting on its behalf, may simply acquire your property without your permission. California Code Section 7267.2 stipulates that any such agency wishing to acquire a property must obtain an appraisal and make an offer to the owner, before the agency may take the owner to court. The offer made by the agency must be no less than the appraisal that was obtained.
The Fifth Amendment of the United States Constitution also states that private property may not be taken for public use without payment of just compensation. Finally, Article I Section 19 of the California Constitution states that private property may not be taken by the government unless it pays just compensation.
The conclusion that can be drawn from these statutes is that you have legal rights that should be respected during the California eminent domain process. Among these rights is one that states you are entitled to know the basis of the appraisal and the offer made. When the agency makes its purchase offer, that agency is also required to provide the owner with a summary of the basis of the offer. The summary must identify the sales upon which the appraisal is based, as well as a general description of the property.
Do not tolerate California eminent domain abuse
If an agency that attempted to deprive an owner of his or her rightful property is successfully challenged, California eminent domain law can sometimes enable that owner to recover litigation expenses incurred during the California eminent domain process. These litigation expenses can include attorney fees and appraiser fees.
Our representation seeks to ensure that the government’s exercise of power during the California eminent domain process is duly authorized. We believe that the property owner’s rights to just and full compensation should be honored and protected through pre-condemnation planning, valuation, settlement negotiation, and trial.
Our attorneys have exceptional litigation skills, extensive knowledge of real estate, and experience with the rules and procedures of condemnation and eminent domain. This enables Oliver, Sandifer, & Murphy to provide the highest quality of legal representation to our clients.
For a full discussion of all aspects of condemnation and the eminent domain process in California, see the Eminent Domain Guide to Just Compensation.
Contact us if you suffer California eminent domain abuse
Oliver, Sandifer, & Murphy are skilled in handling California eminent domain cases, and we serve clients statewide from offices in Los Angeles and the San Francisco Bay Area. You may contact us by calling 888-336-6246 (888-EDomain).
