California Eminent Domain Attorneys

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain & Condemnation Attorneys In California

At Sever Walker Padgitt, our mission is to hold condemners, whether they be state, federal, local, or utility, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.

Don’t let fear keep you from getting what is rightfully yours. Our eminent domain attorneys in California will support you in your fight to get full compensation and fair treatment in your eminent domain case.

What Is Eminent Domain Law In California?

In California, eminent domain refers to the government’s right to take away private land and use it for a public purpose. Eminent domain examples in California include building highways, parks, schools, and many other public uses. When the government exercises eminent domain, it is known as condemnation.

Many landowners do not know what to do or what their rights are when the government knocks on their door seeking to acquire property. Generally, landowners, unsure of what their rights are, will accept the first offer and not fight for more compensation.

Property owners are entitled to fair market value compensation for their land. Fair market value is determined based on the highest price the property would bring in the open market. Compensation should include the value of the land and damages incurred due to the acquisition. Working with a reputable eminent domain law group like Sever Walker Padgitt can ensure that property owners receive the full and just compensation they deserve.

Condemnation Litigation Process in California

  • Notice: The government must notify the property owners of its intent to acquire the property.
  • Appraisal: An independent appraisal of the property must be performed
  • Offer: The government makes a formal offer based on the appraisal.
  • Negotiation: Property owners can negotiate the offer, potentially involving an eminent domain lawyer in California to protect their rights.
  • Litigation: If an agreement cannot be reached, the matter may proceed to court, where a jury, if requested, will decide just compensation.

Understanding your rights and the legal processes involved is crucial. Consulting with an eminent domain attorney in California can help ensure you receive fair treatment and compensation during this challenging time.

What Should Landowners Do After Receiving An Eminent Domain Notice In California?

Getting notice of eminent domain in California can be terrifying. You may be caught off guard and feel like you have nowhere to turn for help. At this point, it’s crucial to turn to the experts so you can take quick action and ensure the best possible outcome in your case.

Hire An Eminent Domain Attorney In California

An eminent domain attorney specializes in taking on the government and fighting for landowner rights. Make sure you have an experienced attorney to help you through this process from the very beginning.

Learn About Landowner Rights

Reading about landowner rights from books and the internet will only get you so far. Turn to your attorney to get the facts about landowner rights in the case of eminent domain. Understanding these rights will be key to your success in going up against the government.

Negotiate With The Government (Via Your Lawyer)

Fighting the government on your own is a losing battle. You’ve hired your lawyer to negotiate and handle litigation on your behalf, so let them do their job and work to get you the best possible outcome for your situation.

Resolve The Eminent Domain Case

Most eminent domain cases are resolved through mediation before they go to court. Your attorney will help you know when it is best to accept or reject a settlement offer from the government.

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

View All Case Results

Frequently Asked Questions

Eminent Domain Just Compensation In California

As a landowner, you are entitled to just compensation in exchange for your land. This means the government should pay you at least the market rate for your land. After all, if you haven’t tried to sell the land yourself, it’s probably worth more to you than the market value. Your attorney and appraiser will ensure you are receiving fair compensation from the government for your land.

Moving your home, business, or retail location to new land will cost money, and the government should pay you the cash to cover these costs. Yet, in many cases, the relocation costs are not adequate or are not even considered in the government’s initial offer. Again, your attorney will work to make sure you receive generous relocation compensation.

Keep in mind that the government must adhere to specific laws when it comes to eminent domain in California. Your attorney knows the nuances of these laws and will use them in your favor if the government makes any missteps. Federal law requires the government to:

-Notify you of condemnation
-Have a justified reason for taking the land
-Provide just compensation
-Negotiate the initial offer (if the landowner chooses to do so)
-Place a deposit with the Court before entering the property

The timeline of eminent domain cases varies greatly in California. Some may be quickly resolved, while others could drag on for years.

This all depends on the type of land being seized, the reason for taking the land, and how the landowner responds to the initial offer. Some cases may require litigation, and others may not. All of these factors could prolong the duration of the eminent domain case.

Unfortunately, most eminent domain can’t be stopped completely. However, it is not impossible. Stopping eminent domain requires an experienced eminent domain attorney in California—one who can prove the government did not follow the law in some respect to eminent domain. However, in most cases, an attorney will focus on helping the landowner gain greater compensation.

In California, government entities such as CalDOT and other state and local governmental entities can exercise eminent domain laws if granted authorization. Additionally, certain private entities, like utility companies, may also have the authority to exercise eminent domain for projects deemed necessary for public use. Consulting with an eminent domain lawyer in California can help you understand who has authority in your case. Contact our office today for a free case review and consultation. 

A public use is, generally, a use that benefits, and is available, to the general public. Examples include roads, highways, light rail, schools, fire stations, utilities, and parks. The definition can be broad, and sometimes, the justification for public use can be disputed, making it vital to work with a California eminent domain law firm if your intention is to challenge this use.

Yes, in some cases, landowners in California may be entitled to recover reasonable attorney fees and other litigation costs associated with eminent domain. Consulting with an eminent domain attorney in California can clarify whether you qualify for such recoveries in your specific situation. At Sever Walker Padgitt, we provide free case reviews for businesses and residents facing condemnation. Contact our office to schedule a consultation.

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we pride ourselves on the expertise and dedication of our team. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You

Sever Walker Padgitt supports landowners during the most trying times. If the government is taking your land, get in touch with our team to find out how we can help. Our attorneys have helped countless landowners across America get greater compensation and fair treatment during the condemnation process. Find an attorney near you today.

Contact Us

Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761.

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