Legal Counsel For Retail Property Owners Facing Eminent Domain In California
Last updated on January 14, 2025
At the Eminent Domain Law Center, we understand the challenges retail property owners face when confronted with an eminent domain action. With a seasoned team based in Newport Beach, we bring over a decade of focused experience to defend your property and business rights against powerful state agencies. We are results-driven, combining a team approach with a commitment to client education and robust litigation strategies.
The lawyers on our team prepare every case with the diligence required for trial, achieving significant settlements through aggressive and innovative legal tactics. We pride ourselves on being trial-ready, adopting a comprehensive approach to protect your best interests, whether in or out of court. No matter where you own property or run a business in California, we can meet in person or arrange virtual consultations and meetings to provide guidance.
Protecting Retail Property Owners In Eminent Domain Proceedings
As a business or retail property owner, whether you own your building or lease your workspace, you face unique challenges when a public agency exercises eminent domain. It is vital to understand that you have rights to compensation, not only for the property taken but also potentially for disruptions to your business operations. At the Eminent Domain Law Center, we work tirelessly to protect your interests during these proceedings.
When confronted with eminent domain, you have several options. You can challenge the taking itself, arguing that the public use does not justify the taking or that there are less invasive alternatives available. Alternatively, you might focus on maximizing the compensation you receive. This could include not only the fair market value of the property but also compensation for business interruption, relocation costs and loss of business goodwill – especially critical for businesses that have been in a location for a long time and have built a loyal customer base.
As skilled eminent domain attorneys, we will thoroughly assess the terms of your lease and any other relevant factors to determine how they might affect the compensation you can obtain. With our experienced legal team, you can explore your options and develop a strategy that aims to secure the best possible outcome for your situation. Whether negotiating a settlement or representing you in court, we are here to advocate for your rights and ensure you receive the compensation you deserve.
How Is Fair Market Value Determined For Property In Eminent Domain Cases?
In eminent domain cases, the fair market value of a property is determined by evaluating several factors. These include the current use of the property, its location, comparable property sales and its potential for future income generation. The goal is to determine what the property would reasonably sell for under normal market conditions. Our firm works with expert appraisers to ensure every valuation reflects the true worth of your retail space, considering both current operations and potential for future development.
Can You Challenge Eminent Domain Or The Compensation Offered?
In California, you have the right to challenge eminent domain and the compensation offered. If you believe the taking of your property is not justified by public necessity or the compensation does not reflect the fair market value or include business goodwill, we are prepared to contest these issues vigorously. We guide you through the process of legal challenges, ensuring that we address your concerns and help protect your rights.
What Happens If Only Part Of Your Property Is Taken?
If only part of your property is subject to eminent domain, it’s essential to understand both the direct and indirect impacts. While compensation will be provided for the portion taken, there may also be significant effects on the remaining property’s value and functionality (known as “severance value”. Our firm assesses the entire impact, advocating for compensation that accounts for both the direct loss and any residual depreciation or operational challenges posed by the partial taking.
Protect Your Property Rights With The Eminent Domain Law Center
If you face an eminent domain action as a property owner, contact experienced private property attorneys. Call us at 949-208-1162 or fill out our online contact form for knowledgeable legal representation.