5 Things Every Property Owner Needs To Know

Our California Eminent Domain Lawyers & Condemnation Law

When you are facing eminent domain from the government, it is crucial that you act quickly to protect your rights. At Allen, Semelsberger & Kaelin LLP, we have represented countless home and property owners in these types of cases. Our California eminent domain lawyers are skilled negotiators and trial attorneys, equipping them to take on even the most challenging cases. We sit down with you and explain your rights, your legal options, and make sure you get the maximum amount for your real estate.

1. The Government Must have a Public Purpose

The government cannot take your property unless it is for a proper public purpose. Even still, strict procedures must be followed. Government agencies must follow the law to take your property. There are several statutes which outline what the government is required to do before it takes property from you. The lawyers at ASK can tell you if the government has acted properly under the law in their attempts to take your property.

2. You Must be Paid the Highest Market Price

The government is required to pay you the highest market price for the property it takes from you. The price paid for your property must be based on the highest and best use of your property. This is often not done by the government when they take your property. They go off whatever an initial appraiser gives, which often doesn’t include the full picture. That is why our lawyers work to ensure all aspects of your property’s value are taken into consideration to demonstrate the highest value of your real estate. We do this by working with appraisers, engineers, and other property experts.

3. Compensation Legal Fees & Other Incurred Costs

The government may be responsible for paying for legal fees and costs you incur due to having your property taken away. If a court determines the government has been unreasonable, you can have your legal fees and costs paid by the government. Our team can help you review the government’s actions and determine if you have the right to be compensated for legal fees and court costs.

4. You Are Owed for Any Related Damages

The government has to pay you for other kinds of damages and expenses related to the taking of your property. When a portion of the property is taken, damage to the remaining property, or “severance” damage, is likely to occur. Under the law, the government must pay for severance damages as well as for fixtures and equipment, business loss, relocation expenses, and other items. These damages are often not fully paid without a lawyer working for you. Our attorneys can fight to ensure you are given fair payments for business losses and other damages.

5. You Can Afford to Hire the Best

Despite what you may think, you can afford to hire the best lawyers to protect your rights against the government. In fact, it is more dangerous to hire a more “affordable” lawyer who you think is giving you a bargain. Their inexperience or lack of qualifications may lead to you missing out on a serious amount of compensation for your property. That is a risk you cannot afford to take. The good news is that ASK Law Group often works on a contingency fee basis, which means you only pay us a percentage of the value we add to your case. In other words, we only charge you legal fees when we win additional compensation from the government. That means there is virtually no risk involved for you.