Defending The Rights Of Business Owners And Property Owners In California
Last updated on January 14, 2025
At the Eminent Domain Law Center in Newport Beach, we support business owners and property owners who face the challenges of eminent domain. With a proven track record of going against powerful state agencies, our team of attorneys leverages years of experience in eminent domain to advocate for your rights.
We understand the complexities of eminent domain laws and how daunting they can be for our clients. That’s why we prioritize clear communication and education from the start, helping you understand what you’re up against and the options available to you. Our approach combines patience, persistence and proactive legal strategies, ensuring we tailor our counsel to meet your specific needs.
As seasoned litigators, we prepare every case with the thoroughness required for trial, achieving substantial settlements through aggressive and innovative legal strategies. Our firm is known for not shying away from trial; we embrace it when necessary to defend your rights and interests. We offer extensive knowledge and statewide representation, available to meet with you remotely or travel to your location as needed.
Empowering Business Owners In Eminent Domain Cases
Whether you own the building from which you operate your business or lease your workspace, eminent domain actions can significantly impact your operations and financial stability. Understanding your rights and options is crucial when a public agency targets the property where your business is located. Even if you do not hold the title to the property, you have entitlements that need safeguarding.
Business owners can pursue several courses of action when faced with eminent domain. One key option is to challenge the taking itself. This involves questioning the necessity or validity of the government’s claim to the public use of your property. As experienced lawyers, we can help you understand whether this approach is viable based on the specifics of your situation and the details of your lease.
Another critical avenue is fighting for just compensation. Compensation in eminent domain should reflect not only the value of the leased or owned property but also cover potential business losses, relocation costs, including loss of business goodwill and other expenses incurred due to the disruption of your business. If your business operations are specialized and the property is customized to suit specific needs, these factors should be considered in the compensation.
Our team at the Eminent Domain Law Center will scrutinize the terms of your lease and other relevant documents to determine how we might influence the compensation you can seek. We work meticulously to ensure that your rights are protected and that you receive the full compensation you deserve.
Advocating For Commercial Property Owners
Commercial property owners, who may manage buildings housing multiple businesses, find themselves in particularly intricate situations when faced with eminent domain. The stakes are high, not only in terms of the property’s value but also considering the impact on tenant businesses and the broader economic implications. Recognizing these complexities, it is crucial to engage with an attorney right from the onset of an eminent domain action to safeguard your interests and ensure just compensation.
When the government exercises eminent domain, it might not always aim to take the entire property. In many cases, only a portion of your property may be targeted, such as a parking garage, a section of a commercial lot or one of several buildings you own. Regardless of the scope of the taking, you deserve fair compensation. This compensation should reflect the value of the specific part of the property taken and any depreciation in the value of the remaining property and potential business disruptions.
Our firm represents commercial property owners across a diverse range of industries, including those who own office buildings, industrial parks, parking garages and warehouses. We understand that each type of property presents unique challenges and requires a tailored approach. Working with our attorneys ensures that you have an experienced advocate to negotiate on your behalf, challenge inadequate compensation offers and present a compelling case for the true value of your property.
What Constitutes Just Compensation?
Just compensation is a fundamental right guaranteed to property owners when their property is taken for public use through eminent domain. The principle behind just compensation is to make the property owner financially whole again, essentially placing them in as good a financial position as they were before the property was taken.
Determining just compensation involves assessing the fair market value of the property at the time of the taking. Fair market value is the price that a willing and informed buyer would pay to a willing and informed seller when neither is under any compulsion to buy or sell. This valuation considers the property’s highest and best use, which is the most profitable legal use of the property, given current market conditions and zoning regulations.
How Is The Market Value Of A Property Determined?
Determining the market value of a property in an eminent domain case is a crucial step to ensure fair compensation for the property owner. In a valuation, several key factors and methods are used to determine the market value of the property, including considering the market trends, location, physical characteristics, potential uses and a comparative market analysis.
Can You Challenge Eminent Domain?
Property owners have the right to contest the taking of their property on several grounds. These challenges can be based on the legality of the eminent domain action itself or the specifics of the compensation offered.
You can contest whether the intended use of the property actually qualifies as a “public use.” The U.S. Constitution and California law require that property taken through eminent domain must be for public use, such as roads, schools or other public facilities. If the intended use does not meet this criterion, the eminent domain action may be deemed invalid.
You may also challenge the necessity of the taking. This involves arguing that the taking of your specific property is not necessary for the stated public project. For example, if reasonable alternatives exist that would meet the public need without taking your property, you might have grounds to challenge the necessity of the action.
Trust Us To Help Protect Your Interests
Our team will guide you through every stage of the eminent domain and condemnation process – from initial assessment through negotiations or a trial – to secure the just compensation and minimize the impact on your property and business operations. Call us at 949-208-1162 or fill out our online contact form to schedule a consultation.