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Practice/Industry Group Overview
Eminent Domain is the power of a public agency, under both the United States Constitution and the California Constitution, to acquire private property for a public use subject to the requirement that the public agency pay "just compensation" for the property. The power of eminent domain is often used to acquire property that is necessary for a public project when the owner does not want to sell the property under any circumstances, or when the public agency and the owner cannot agree upon the value of the property.
A condemnation action resolves the differences between the property owner and the public agency over how much should be paid as just compensation. Both the owner and the public agency are entitled to request a jury trial to determine just compensation. The costs of the condemnation procedure (such as filing fees, jury fees, process service fees) are required to be paid by the public agency; however, the property owner is required to pay his or her own attorney's fees and other litigation costs. Under some circumstances, when the court determines that the public agency's pretrial offer of just compensation was unreasonable and the property owner's demand was reasonable, the court has discretion to order the public agency to pay all or part of the property owner's attorneys fees and litigation costs.
Eminent domain and inverse condemnation cases have evolved into complex proceedings rarely limited to the single issue of just compensation. Luce Forward possesses one of California's leading eminent domain and inverse condemnation practices. The firm combines the talents and expertise of attorneys whose practices are devoted almost exclusively to eminent domain, inverse condemnation, real property, and land use law. Our attorneys have been hired by hundreds of residential, commercial and agricultural property owners to protect their property and business rights throughout California. Our attorneys also have been hired by numerous governmental agencies to assist in ascertaining the just compensation of particular properties. The firm's representation of both property owners and public agencies in eminent domain and inverse condemnation actions distinguishes Luce Forward.
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Services Available
Luce Forward is able to apply its unique and thorough understanding of both the public and private perspectives to a given dispute providing clients with a strategic advantage over one dimensional law firms. This understanding, combined with Luce Forward's diverse experience in public agency, land use, environmental and natural resource law, adds to the depth of expertise it can bring to bear on property valuation cases, and helps its attorneys advocate efficiently and effectively for the best results. By working with strong teams of some of the finest experts in the field (appraisers, engineers, land use consultants, economists, builders, geologists, etc.), Luce Forward prepares and tries condemnation cases to produce the maximum benefit for our clients.
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Past Seminar Materials
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International Right of Way Association - 54th Annual International Education Conference, John C. Murphy Speaker, Hilton Austin - 500 E. 4th Street - Austin, TX 78701, June 22, 2008 National Eminent Domain Conference - "Winning at Trial", John C. Murphy Speaker
, Omni Orlando Resort at Champions Gate - Orlando, FL, May 5, 2008 10th Annual Eminent Domain Conference - Case Law, Legislation, Valuation and More, John C. Murphy, Douglas J. Evertz, Jennifer R. McClure and Jennifer Wood Dienhart Speakers, Millennium Biltmore Hotel - 506 South Grand Avenue - Los Angeles, CA 90071, May 1, 2008 CLE International Conference: "Mixed-Use Development: From Breaking Ground to Cutting Ribbon", Nancy T. Scull, Timothy A. Tosta and John C. Murphy Speakers, Millennium Biltmore Hotel | Los Angeles, California, January 10, 2008 CLE International Conference: "2007 Eminent Domain", John C. Murphy Speaker, Parc 55 | San Francisco, California, December 6, 2007
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