Los Angeles Eminent Domain Attorney
Los Angeles property owners often face challenging legal struggles to defend their rights and ensure equitable payment when the government begins complex eminent domain proceedings. A Los Angeles eminent domain lawyer at Century Law Group, LLP acts as a reliable legal representative for both individuals and businesses who face eminent domain situations.
Century Law Group’s attorneys use our many years of experience in California eminent domain law to guide clients through complex legal processes for proper property compensation. Century Law Group protects property owners during condemnation proceedings, whether the situation involves complete acquisition or partial taking that may lead to severance damages.
What Is Eminent Domain?
The government has the legal power to seize private property through eminent domain under California eminent domain law, which mandates just compensation for public projects like highways and schools. The federal government’s power of eminent domain has long been used in the United States to acquire property for public use. The government provides just compensation to property owners when it exercises eminent domain authority. Property owners have rights under both U.S. and California law, including the right to fair payment and the ability to challenge the taking.
Temporary Construction Easements (TCEs)
Instead of buying land directly from owners, the government can request Temporary Construction Easements (TCEs). The easement gives them permission to use sections of your property for staging construction vehicles and materials.
Temporary Construction Easements (TCEs) do not last long, but they create major disruptions to your property’s functionality and worth. Property owners in Los Angeles deserve compensation for disruptions caused by easements and must examine the extent of the easement before giving consent.
Business Relocation and Loss of Goodwill in Eminent Domain
The effects of eminent domain on a business extend beyond just its property value. California law permits financial recovery for loss of goodwill, which refers to customer loyalty and business reputation linked to a specific location. Los Angeles small businesses depend heavily on neighborhood familiarity and pedestrian traffic for success.
You could receive additional damages if moving results in financial damage or a decline in customers. To achieve the highest possible compensation, you must document your losses and engage a legal team that focuses on business valuation.
Navigating Fair Market Value in Eminent Domain Cases
The calculation of fair market value plays a critical role throughout eminent domain processes. Los Angeles property valuations heavily depend on the location of the property, along with zoning regulations and development possibilities. Appraisal differences create disagreements about appropriate compensation amounts.
California statutes permit the use of alternative valuation approaches that qualify as just and equitable when conventional methods fall short. Property owners should secure independent appraisals to protect their interests throughout the negotiation process.
Impact on BIPOC Communities and Generational Wealth
Los Angeles has used eminent domain to target certain communities unevenly throughout history. The USC research released in 2024 demonstrated that these practices have shattered property ownership and diminished wealth across generations, specifically in South Los Angeles.
Through Senate Bill 1050, legislators have created a mechanism for reparations through property restitution or fair compensation whenever racial discrimination can be proven legally. These measures were created to address past injustices and prevent future unequal enforcement of property rights throughout Los Angeles neighborhoods.
Infrastructure Expansion and Quick-Take Actions in Los Angeles
The Los Angeles County Board of Supervisors gave their approval for a $1.6 billion investment targeting the creation of the Center for Transportation Excellence in the Antelope Valley in January 2024. The planned project seeks to improve regional transportation infrastructure while possibly requiring more frequent use of eminent domain for property acquisitions.
The project will create more than 100,000 direct and indirect jobs while delivering substantial economic benefits to the area. Property owners need to understand their rights and property value assessment because expanding infrastructure projects could trigger faster acquisition processes, such as quick-take actions.
FAQs
What Does Just Compensation Mean in California Eminent Domain Cases?
The fair market value of your property when the government starts the taking process determines just compensation. Several elements, including zoning regulations, development possibilities, and market comparisons, determine property values in Los Angeles. When only a portion of your land is taken, you have a right to compensation for any diminished value to the remaining property through severance damages.
Can I Refuse to Sell My Property to the Government?
Property owners can dispute the government’s taking authority, but if the taking complies with legal requirements, such as public use and due process, refusal alone won’t halt the process. You retain the ability to challenge the necessity of the taking and insist on receiving just compensation. You need legal representation to assert your rights effectively in these situations.
What Is a Quick-Take Proceeding and How Does It Affect Me?
Through quick-take proceedings, the government gains control of your property before determining the final compensation amount. Los Angeles frequently encounters this situation with urgent infrastructure projects. The deposited court estimate does not prevent you from disputing its accuracy and seeking greater compensation if your property’s worth exceeds the initial amount.
How Long Does the Eminent Domain Process Take in Los Angeles?
California eminent domain cases normally take a long time to resolve. The duration of eminent domain cases depends on whether the parties reach a settlement or proceed to trial and whether multiple property appraisals are necessary. The process in Los Angeles extends due to the complex local zoning regulations combined with traffic impact assessments and redevelopment plans.
Contact a Los Angeles Eminent Domain Lawyer
Los Angeles’s eminent domain cases require strategic representation along with profound knowledge of California property law that is well beyond basic legal understanding. Property owners must safeguard their rights and get fair compensation when the government takes all or part of their property.
The rapid pace at which infrastructure expansions and redevelopment efforts move through legal proceedings calls for early legal guidance. At Century Law Group, LLP, our attorneys dedicate themselves to assisting property owners through every stage with transparent understanding and assured security. Protect your property rights through informed action as soon as you notice a risk to your property. Book a consultation with our experienced legal team today.