Eminent Domain/Inverse Condemnation

Eminent Domain:

Our firm has one of the largest (if not the largest) collection of eminent domain attorneys in the state. As a group, our attorneys have handled both direct condemnation cases and defended inverse condemnation matters in connection with the timely delivery of numerous public improvement and other infrastructure projects whose combined budgets amount to several billions of dollars. Some of the more significant projects for which our attorneys provided right of way acquisition and support services include:

  • The State Route 22 freeway widening in Orange County,
  • The OC Bridges Program to grade separate seven public roadways from an existing rail corridor,
  • A tunnel stabilization & sewer pipeline replacement project in south Orange County,
  • Several freeway interchange projects in San Bernardino County,
  • Several grade separation projects in San Bernardino County,
  • The Interstate 5 High Occupancy Vehicle Lane Extension project, and
  • The future Interstate 405 Improvement project.

Through this experience, we have gained a deep understanding of all levels of eminent domain litigation and amassed an extensive list of valuation and other experts with whom we have worked over the years. In addition to trying cases, our team of experienced eminent domain attorneys has defended right-to-take challenges, negotiated and documented voluntary acquisitions in lieu of condemnation and advised clients on the requirements of state and federal relocation assistance laws and guidelines. We frequently collaborate with our firm’s environmental lawyers in defending specific project challenges under the California Environmental Quality Act and/or the National Environmental Policy Act. Although the bulk of our practice focuses on representing acquiring agencies, we also have experience in pursuing compensation awards on behalf of private property/business owners in direct and inverse condemnation matters.

Inverse Condemnation:

Our firm’s inverse condemnation practice is both related to the legal services provided by our eminent domain team and also functions as a stand-alone department. In this latter capacity, our litigators have significant experience in defending inverse condemnation matters that arise from regulatory takings claims or brought by multiple plaintiffs whose properties were impacted by catastrophic slope failures, landslides and flooding. This group of detail-oriented attorneys works closely with soils engineers and hydrologists, among other experts, in assessing and defending causation and damage issues. Through the filing of dispositive motions, our lawyers have found great success in either eliminating cases altogether or limiting the scope of the potential compensation claims. Our inverse condemnation lawyers are particularly skilled at managing complex multi-party litigation involving voluminous documents and numerous third-party witnesses.