Blog Posted By Allen Semelsberger Kaelin, LLP 19-Sep-2018 Understanding the SANDAG Eminent Domain Case Eminent domain is the power of the government to convert private property for the sake of public use. Due to the Fifth Amendment, a government agency can only exercise this power if appropriate, or “just,” compensation is provided to the ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 4-Sep-2018 7 Steps to Take After a Pedestrian Accident It’s an unfortunate statistic, but California has the highest number of pedestrian fatalities each year. Most of these fatalities are caused by motor vehicle operators who fail to exercise reasonable care while driving, particularly in housing ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 16-Aug-2018 The Trump Administration Targets Fair Housing Protections Since its implementation in 1968, the Fair Housing Act has offered many opportunities to minority citizens who want to rent or purchase housing property. Under the provisions of the act, it is illegal to discriminate against potential home owners ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 3-Aug-2018 What Is a Catastrophic Injury? The term “catastrophic injury” is used to describe any injury that is so debilitating that it prevents a victim from engaging in gainful employment. Typically, these injuries necessitate long-term medical care, multiple surgeries and ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 30-Jul-2018 The Two Types of Spinal Cord Injuries A spinal cord injury can have a devastating and life-altering impact on a person’s life. It often prevents victims from performing day-to-day functions, and deprives them of their ability to earn a living. Such a serious injury can also be ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 18-Jul-2018 3 Real Estate Scams to Avoid Purchasing or renting a home can be one of the most exciting and stressful experiences in your life. Unfortunately, when such a large amount of money is involved, you’re likely to attract some questionable characters. Your best defense against ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 19-Jun-2018 Do You Need an Attorney Before an Eminent Domain Case is Filed? It is not uncommon for a case that involves the use of eminent domain to never see the inside of a courtroom. Typically, a representative of a government agency or private party will approach a homeowner and make an offer to purchase that property. ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 12-Jun-2018 Reasons Why You Should Never Accept the First Offer in an Eminent Domain Case It might seem unfair, but the government has the right to seize your property, if it is necessary for public use, through the power of eminent domain. Of course, they will not simply take it from you without paying for it. The government is required ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 28-Mar-2018 Business Valuation and Goodwill When a privately owned property is acquired by the government for a public project or use, the owner of that business can claim compensation for loss of business goodwill. This right also extends to cases of inverse condemnation, which involves a ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 14-Mar-2018 Common Mistakes Businesses Make in Eminent Domain Cases If you are concerned that your business might be relocated by the city or state department under eminent domain law, there are some things you should know to avoid making some of the most common mistakes business owners tend to fall prey to. We have ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 19-Feb-2018 What Grounds Does a Landlord Need to Terminate Mobile Home Park Tenancy? If you own a mobile home and rent a lot in a mobile home park, it is crucial that you understand your rights as a mobile home park tenant. Evictions are serious matters. The owner or operator, otherwise known as the landlord, of the mobile park you ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 2-Feb-2018 What Are the Rights and Duties of Mobile Home Landlords and Tenants? As a mobile home tenant, it is in your best interest to have a clear understanding or your rights and what is expected of you as a tenant. However, your landlord has duties he or she must also uphold, and can be held accountable when those duties are ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 17-Jan-2018 Protecting Your Rights: When to Hire an Eminent Domain Attorney If you received a notice that the government wants to purchase your property under the power of eminent domain, you should not hesitate to hire an eminent domain attorney as soon as possible. Oftentimes, property owners might feel that they lack ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 5-Jan-2018 What's the Difference Between Eminent Domain and Inverse Condemnation? Owning real estate means you could potentially face the government one day and they might want to take all or some of your property. The state might simply tell you that they are going to take it, or they might do something to take the property, or ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 28-Dec-2017 How a Real Estate Attorney Can Help with Construction Issues There are a variety of reasons you may need the help of an experienced real estate attorney when buying or building a new home, and construction is a big one. As a homeowner or potential buyer, you may face a variety of construction issues, ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 13-Dec-2017 How to Resolve a Shareholder Dispute There are a variety of reasons you may experience a serious disagreement with a fellow shareholder. Some of the most common reasons for controversy arise from decisions by a company’s owners or operators, failure to agree on the terms of a ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 5-Dec-2017 What You Need to Know About Eminent Domain Have you ever driven past a home that just seems out of place given the other structures around it? Although other types of housing or businesses are built around it, the lone house still remains. In many of these circumstances, the owner does not ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 24-Nov-2017 Protecting & Gaining Value from Your Trade Secret A trade secret is something that has independent value because it is a secret. Think of things like the formula for Coke or Mrs. Field’s cookie recipe. Both of these secrets are preserved by their respective owners who take deliberate steps to ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 15-Nov-2017 Mobile Home Park Inspections: What Should I Expect? Over 21 million Americans live in mobile homes throughout the country. This accounts for nearly 8% of the country’s population. Many of these homes were not built up to current wind standards. With all the recent hurricanes taking place ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 8-Nov-2017 Does a Mobile Home Park Owner Have to Meet with Residents to Discuss Disputes? When it comes to disputes between tenants and landlords, there are procedures that must be followed by both parties in order for any resolutions to be considered legal. Mobile home park owners are required by law to provide a process for establishing ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 10-Oct-2017 Does Eminent Domain Require Fair Compensation? Historically, sovereign governments have the power and authority to appropriate land within their own borders for whatever purpose that they see fit. The ability to do this is referred to as “ eminent domain ” and is effective nationwide. ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 6-Oct-2017 Can a Private Company Use Eminent Domain? Although local, state, and the federal government have the power to use eminent domain, some private companies can be granted this power as well. This power can be used to condemn private property in order to complete certain projects that are ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 25-Sep-2017 Can the Mobile Home Park Owner Evict Me? In California, the rights of mobile home residents are strictly enforced in order to protect park inhabitants and owners alike. If your mobile park owner threatens to evict you, know that they may only do so with a just cause. Not only must an owner ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 22-Sep-2017 Eminent Domain Used in Owens Valley Water Rights Fight Inyo County has begun eminent domain proceedings in attempt to take back property bought up by Los Angeles in the 1900s. The land in question was quietly purchased by agents from LA who were posing as ranchers and farmers. Sound familiar? ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 14-Sep-2017 Is Your Mobile Home Park Violating the Fair Housing Act? In California, the Fair Housing Act prohibits discrimination in the sale, rental, or financing of housing based on race, color, religion, sex, or national origin. In addition to this, the Act also prohibits discrimination based on a person’s ... Continue Reading