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. In many cases, the homeowner will accept an offer due to the fact that they are often intimidated by the situation and believe that it will cost too much time and too many resources to challenge the power of eminent domain. However, hiring an attorney with extensive experience in this area would be immensely helpful and, contrary to a common misconception, it is not necessary to file your case before consulting with an attorney.

How Your Attorney Can Help Before the Case is Filed

In an eminent domain case, much of the assistance and guidance you will receive from an attorney can be most instrumental in achieving a favorable result before your case is ever filed. For example, he or she could assist you in the negotiation process regarding the amount of compensation you are to receive for the property. Keep in mind that there is often plenty of wiggle room when it comes to interpreting the words “just compensation,” given that it is not defined in the Constitution. If you believe your property is worth more than what you are being offered, your attorney can help ensure you receive the fair value of it by establishing what you would likely receive if your case went to trial.

When looking for an attorney, make sure you choose one with experience in handling these types of cases. An attorney who is not experienced or particularly knowledgeable might overlook several crucial factors. Eminent domain is a highly specialized area of law, so make sure you work with someone who has represented property owners in such cases.

Eminent Domain Attorneys in California

At Allen, Semelsberger & Kaelin LLP, our team of eminent domain attorneys in San Diego have the experience, insight, and skill that is necessary to effectively handle even the most complicated legal matters in this area. Throughout the years, we have been recognized by the legal community numerous times for the successful results we continually deliver to our clients.

Get started on protecting your rights today and call us at (888) 998-2031 to request a free initial case evaluation.