Eminent Domain / Regulatory Takings
Our Firm represents a range of public agencies in acquiring real property through negotiated transactions and, when necessary, the lawful exercise of the power of eminent domain. Our practice includes advising clients throughout the property valuation and acquisition process and counseling clients on how to avoid inverse condemnation claims arising out of land use and other regulations. We are also adept at litigation of these issues at the trial and appellate levels, when efforts to avoid claims or reach a negotiated resolution are unsuccessful.
Our expertise in municipal and environmental law adds to our effectiveness in the property acquisition arena because we are able to coordinate property acquisition with all other aspects of the project for which property is being acquired. Thus, we ensure that environmental review, financing, budgetary, and construction scheduling issues are all taken into account in the acquisition process. In addition, we defend our public agency clients against inverse condemnation claims based on alleged physical and regulatory takings.
Expertise
- Negotiating and drafting purchase agreements
- Appraisal and valuation
- Property owner notices
- Relocation guidelines, assistance, and benefits determinations, including administrative hearings
- Precondemnation and inverse condemnation damages
- Public purpose, including blight, and right to take issues
- Contaminated property and valuation and remediation issues
- Partial takings, remnants, and severance damages
- Business impacts including loss of goodwill
- Inverse condemnation claims involving alleged physical and regulatory takings
Expertise in Action
We have handled numerous property acquisition and eminent domain matters, including acquisitions for freeway and road projects, government buildings, schools, shopping centers, car dealerships, public utility facilities, dams and water projects, natural gas pipelines, oil drilling projects, redevelopment projects, and low- and moderate-income housing projects. We become involved in the acquisition process from the inception, at the pre-acquisition valuation stage, and provide our clients with sound advice regarding the appraisal, negotiation, acquisition, relocation, and condemnation processes, including coordination with other legal requirements, from the outset. We are one of the leading law firms in this practice area due to favorable laws we have developed in the state. Examples of cases we handled are: (City of Perris v. Stamper, et al. Supreme Court Case No. S213468; Colony Cove Properties, LLC v. City of Carson (2013) 220 Cal. App. 4th 840; Colony Cove Properties, LLP v. City of Carson (9th Cir. 2011) 640 F.3d. 948).
