Find Lawyers in Los Angeles, California for Eminent Domain and Condemnation Law
Practice Area Overview
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
Michael Berger is one of California’s preeminent appellate lawyers and is a partner in Manatt Real Estate and the appellate practice. One of the top land use and condemnation lawyers in the United States, his appellate cases have involved planning, zoning, eminent domain, various kinds of business litigation, landslides, contract, due process, equal protection, defective construction, nuisance, insurance and environmental law. Michael has argued four cases before the United States Supre...
Kevin Brogan specializes in the trial of real estate and business cases, with a particular emphasis on eminent domain and inverse condemnation matters. He has substantial experience in the trial of jury and nonjury matters in state and federal courts, as well as before administrative tribunals and other forums. He is a Fellow of the American College of Trial Lawyers. He is a member of the Board of Directors of Children's Hospital Los Angeles and Chair of its Foundation Board.
John S. Peterson is recognized for his work in the areas of eminent domain, inverse condemnation, and landslide and subsidence litigation. He is the founder and managing shareholder of Peterson Law Group Professional Corporation in Los Angeles, California and with offices in Irvine, California. John Peterson is an associate of the American Board of Trial Advocates. He has been featured as an attorney speaker on eminent domain on local television and national radio shows, and has been quoted i...
George Soneff is a partner in the Los Angeles office. He has over 30 years' experience in complex litigation in state and federal courts, and administrative tribunals. He has an extensive background handling real property litigation, including real estate development and valuation, land use restrictions and governmental regulation of property rights, eminent domain/inverse condemnation, ownership disputes, construction-related claims, water rights, and insurance. His clients have included maj...
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