Governmental Takings and Eminent Domain Lawyer in San Diego

Your right to own and enjoy your property is fundamental and protected by the Constitution. Even your right to use and enjoy property you rent or lease is protected. The government, however, has the right to take your property away from you, whether you like it or not, if necessary for a public use. That’s where the Law Offices of Daral B. Mazzarella comes in.

Many lawyers are intimated by the government, and unwilling to confront the government in court. Daral B. Mazzarella relishes the opportunity.  

Although the government is given a right under both the California and Federal Constitutions to take your property if necessary for a public use, you are entitled to “just compensation” by the government. Sometimes, the government taking can be stopped. Even when it cannot be stopped, you will need help to ensure that you are paid just compensation.

The Law Offices of Daral B. Mazzarella can challenge the government’s right to take your property. If the government has not taken the formal actions, and provided the guaranteed due process to which you are entitled, the taking could be halted. If the taking of your property is not truly necessary, or is not related to a public use, the taking may also be prevented.

Even if the taking cannot be prevented, the concept of just compensation is convoluted and complex. You need the assistance of a lawyer who is intimately familiar with the eminent domain laws and works with them on a daily basis. If you have received an offer from any governmental entity to buy your property or any portion of it, or to obtain an easement over your property, please call the Law Offices of Daral B. Mazzarella immediately to discuss your options. The government will try to take advantage of you. The government is no different than any other buyer of real estate. The government will attempt to get your real estate as cheaply as possible. It is up to you and your lawyer to ensure that you are not shortchanged.

A few of the issues which need to be considered in determining whether or not you are getting “just compensation” is the highest and best use of your property, damage to the remainder of your property if all of it is not taken, impact of the taking on your ability to continue doing business, impact of the taking on your future costs, costs of relocation, etc. Frequently, the government will undervalue your property because it does not appreciate its “highest and best use.”  In a case Daral Mazzarella was involved in several years ago, a large tract of land was being used for agricultural purposes, and the government valued it that way. In fact, its highest and best use was medium density residential tract housing, which resulted in a value many times higher than the value for agricultural land. In another case, the state offered a very small sum for 17 acres of land along a freeway because it was being used by its owner only for residential purposes. In fact, its highest and best use was for commercial purposes, which generated a recovery approximately ten times greater for the homeowner than the state’s offer based on residential use. Even the likelihood of rezoning should be considered in determining the highest and best use of your property.

Sometimes, the government takes only a piece of your property and hopes to pay for only that smaller piece. Generally, however, the loss of a piece of property causes damage to the remainder of the property. For instance, setbacks might be eroded preventing development or subdivision of the property in the future. Access might be eliminated or made far more cumbersome, resulting in loss of value to the remainder. Sometimes, the government recognizes its obligation to pay these "severance damages," but seriously undervalues them. You will need an attorney such as Daral B. Mazzarella who understands eminent domain law, has the ability to locate and evaluate appraisers for use in the specialized area of law and whom will not hesitate to take your case to trial if necessary.

Another area of eminent domain compensation which is often overlooked or undervalued by the government is loss of good will. When a business is displaced, it may lose customers for any number of reasons. For instance, the customers may simply be unaware of where the business went, and start doing business with a competitor. The customers may know where the business went, but find that it is inconvenient to drive to the new location. Sometimes, the new location is not nearly as suitable for the type of business involved as was the original location. In each of those cases, the owner is entitled to compensation for impairment of business activities. The government routinely undervalues this important component of eminent domain damage.

Telephone: (619) 291-1222
Fax: (619) 236-8066
655 W. Broadway, Suite 900
San Diego, CA 92101