How a San Diego Eminent Domain Lawyer Can Pursue Justice on Your Behalf
An eminent domain attorney can advocate for you and make sure that your property rights are protected.
Eminent domain, also known as condemnation, is the power of the government to take private property for public use – with payment of just compensation to the property owner.
The government may exercise eminent domain for various purposes deemed to serve the public interest. These purposes may include the construction of roads, highways, public buildings, parks, utilities, and other infrastructure projects.
If the government prevails in the eminent domain proceeding, it is required to pay just compensation to the property owner for the taking of their property. This compensation is intended to reflect the fair market value of the property and any losses suffered by the property owner as a result of the taking.
Eminent domain can be exercised by federal, state, and local governments, as well as certain authorized entities such as public utilities and transportation agencies. While the government has broad authority to exercise eminent domain, property owners have important rights and protections under the law. If you have received a condemnation notice from the government, you may have the right to challenge the taking and seek fair compensation for your property.
Eminent domain is a very complicated area of law. It is difficult to understand and you may feel powerless or unable to challenge the government. Contact Thorsnes Bartolotta McGuire online or by calling (619) 236-9363 to learn more about eminent domain and how a lawsuit can benefit you.
Financial Compensation Available in a Condemnation Law Case
When your property is taken through eminent domain, it is supposed to be done with the public good in mind. You should also receive fair compensation for what you have lost.
In an eminent domain lawsuit, compensation may be awarded to the property owner whose property has been taken by the government for public use. The goal of awarding financial compensation is to provide fair and just value to the property owner for the loss of their property rights.
The types of compensation that may be awarded in an eminent domain lawsuit include:
- Fair market value for your property: This is the most common form of compensation in eminent domain cases. Oftentimes, in eminent domain cases, the government will underpay the property owner for their property. If you have been underpaid for your property, you may be able to pursue a lawsuit to make up for your losses.
- Costs and expenses: Property owners may also be entitled to reimbursement for reasonable costs and expenses incurred as a result of the condemnation. You may be entitled to relocation expenses, attorney's fees, appraisal fees, and other litigation-related costs.
- Decrease in value: Property owners may be entitled to compensation for any decrease in the value of their remaining property as a result of the taking. This could include loss of access caused by the government's actions.
- Loss of business: In cases where the condemnation impacts a business, the property owner may be entitled to compensation for loss of the value of the business's reputation. They may also pursue compensation for loss of their customer base, and other assets that may be negatively affected by the taking.
Your property might be taken to assist the local fire department or school board, to allow for electric transmission or gas pipelines to pass through, to facilitate the building of a new road, or for any other use that will benefit the municipality you live in. While the government has broad authority in seizing private land for public benefit, they still must follow California law. If the government fails to follow the proper eminent domain statutes, the property owner may have the right to bring a lawsuit for compensation.
The goal of awarding financial compensation in an eminent domain lawsuit is to ensure that property owners receive fair and just compensation for the loss of their property rights and any associated losses resulting from the condemnation. Property owners have the right to seek legal representation to help them navigate the eminent domain process and advocate for their rights to fair compensation.
How a Condemnation Lawyer Can Help You
You may think that the property you own is yours to keep or sell as you see fit, but it is possible for the government or its representatives to take land for public use whether you wish to sell it or not. In some cases, you may not be paid fairly for the property they take, and if you have been paid unfairly, you will want aggressive representation to fight for your rights.
An eminent domain attorney can provide invaluable assistance and can advocate for you if you are facing the condemnation of your property. Your condemnation lawyer will ensure that your rights as a property owner are upheld throughout the eminent domain process. They will make sure you receive proper notice of the condemnation proceedings and fight for fair compensation for your property.
A condemnation lawyer who is experienced in eminent domain law can help you understand the legal process. A good eminent domain lawyer will have in-depth knowledge of the legal principles, procedures, and regulations governing the condemnation process. They can help you understand your rights and obligations under the law and guide you through complex legal proceedings.
Contact an Experienced San Diego Eminent Domain Attorney
If you are facing an eminent domain issue in San Diego, you should seek guidance from an experienced attorney who understands local laws and regulations. An eminent domain attorney from Thorsnes Bartoltta McGuire can provide invaluable assistance in protecting your property rights and advocating for fair compensation.
With the help of a San Diego eminent domain attorney, you can protect your property rights and ensure that you receive fair compensation for your property in the eminent domain process.
Proudly Representing San Diego, CA Residents
Why Hire Thorsnes Bartolotta McGuire
The attorneys at Thorsnes Bartolotta McGuire have many years of experience in handling eminent domain cases. Our victories include a $136 million dollar award in a condemnation case against the city of San Diego. We are not afraid to stand up to government agencies and fight for you and your rights. Contact our team online or by calling our offices at (619) 236-9363 to begin the legal process today.