Defending Your Property Rights When Condemnation Actions Arise
Last updated on July 11, 2025
At the Eminent Domain Law Center in Newport Beach, our practice is exclusively dedicated to eminent domain concerns and condemnation actions. With a laser focus on these areas, we bring years of experience as effective litigators to defend your commercial property rights against powerful governmental agencies.
We have secured strong settlements for our clients through our aggressive and creative legal strategies, often achieving extra damages for our clients. While many cases settle before reaching the courtroom, we will take a vigorous stance in trial to defend your rights and interests. Our innovative approach and membership in the International Right of Way Association (IRWA) keep us at the forefront of developments in the field of California’s eminent domain law.
What Is A Condemnation Action?
Condemnation is the process through which the government or another entity exercises its power of eminent domain to take private property for public use. This legal procedure involves several key steps, each designed to ensure fairness and compliance with the law, yet it can be complex and daunting for property owners.
The condemnation process begins with a formal notice from the condemning authority to the property owner. Following this, an appraisal is conducted to determine the fair market value of the property. Negotiations may then ensue, aiming to reach a settlement that avoids litigation. Many condemnation cases are resolved during these negotiations, as both parties often seek to avoid the uncertainties and expenses of court proceedings.
As part of fair process, public hearings may be conducted. These hearings serve as a platform for all stakeholders, including property owners, to express their views on the proposed taking and its implications.
If an agreeable settlement cannot be reached, the case may proceed to trial. Our attorneys are experienced litigators who are prepared to defend your rights vigorously in court when necessary. We assess the risks and benefits of litigation and advise you on the best course of action, always aiming to secure the optimal outcome for your situation. We can also assist you with the appeals process.
What Rights Do Property Owners Have In A Condemnation Action?
Commercial property owners must be treated fairly, compensated adequately and receive just compensation when their property is subject to government actions. Property owners have the right to a fair process, to challenge the taking in court and to contest the amount of compensation offered by the condemning authority.
Sometimes, a government entity conducts precondemnation activities such as planning, surveying, or other preliminary steps that may affect property values or the use of the property before the formal exercise of eminent domain. If precondemnation action cause a significant reduction in property value or interfere with the property owner’s use of the property, the property owner has a right to seek compensation.
What happens when the government takes or damages private property for public use without formally exercising its eminent domain powers and without just compensation? The property owner may have a right to initiate legal action against the government entity by filing an inverse condemnation lawsuit to seek compensation for the loss in property value or use.
How Is Compensation Determined In A Condemnation Action?
Determining just compensation involves evaluating the property’s current market value, its highest and best use at the time of the taking, and any other relevant economic factors.
Appraisals and expert testimonies often play significant roles in these determinations, and our firm works with reputable professionals to build a strong case for just compensation.
Work With Trusted Southern California Condemnation Action Attorneys
We are driven by results, understanding the weight and challenge of facing governmental powers in condemnation cases. Our approach is collaborative and educational. We find that many clients initially come to us confused and uncertain about their situation. We prioritize setting clear expectations and thoroughly explaining your options. If you face a condemnation action, contact us to schedule a consultation by calling 949-208-1162 or completing our online contact form. With statewide representation and the ability to meet remotely, we are equipped to support you wherever you are in California.