GOVERNMENT'S TAKING OF
PRIVATE PROPERTY FOR
A PUBLIC PURPOSE & PAYMENT
OF "JUST COMPENSATION"
Eminent Domain (or Condemnation) is the constitutional process by which the government takes private property to use for a public purpose and, in turn, is required to pay the property owner, and any tenants, "just compensation" for the value of their property or lease. But "just compensation" is in the eye of the beholder; many times the government's right-of-way agents, appraisers and attorneys will significantly under-value the "fair market value" of your property. This is not fair; especially since your commercial or residential property may be the most important asset that you have.
I represent property, business owners and tenants in such actions against the government. These cases have priority under the law for the earliest possible trial setting before a jury. They are expert intensive, commonly requiring the retention of appraisers, engineers, brokers, surveyors, economists and accountants. My client's cases have involved issues of the "Fair Market Value" of real property, including easements and rights of entry, as well as the value of machinery & equipment, loss of business goodwill, pre-condemnation damages, "cost-to-cure" options for partial takes, and post-trial awards of litigation expenses. I have litigated, settled or tried eminent domain cases to jury verdict in over eight (8) different counties including: Marin; Napa; Contra Costa; Alameda; Santa Clara; San Joaquin; Mendocino; and El Dorado. I have achieved for my clients recoveries that have ranged from 3 to 13 times greater than the original offers of the condemning agencies (e.g. Caltrans; Redevelopment Agencies; Cities and Counties; Utility Districts) and have involved multi-million dollar recoveries.
Our firm has a unique history in this specialized area of the law because retired partner, Paul O. Lamphere, my father, was a recognized expert in Eminent Domain (Condemnation) having co-authored the attorney practice guide entitled “Actions Involving Eminent Domain & Inverse Condemnation” in Bancroft-Whitney’s California Civil Practice on Real Property Litigation.
I always offer a FREE one-half (1/2) hour consultation on your eminent domain matter to see if I can help you, and to let you know what your options may be. In large law firms, many times the client's condemnation case is bounced around to a number of different lawyers who have less experience than the named partners, but who still charge a very high hourly fee for services due to their firm's high overhead expenses. In comparison, as a sole practitioner, I can offer a very competitive hourly fee or, in many cases, a "Contingency Fee" arrangement where my clients do not pay any attorney fees unless we obtain a recovery. Additionally, I provide direct, personal attention to your case. I also gladly pay referral fees to attorneys consistent with Cal. State Bar Rules of Professional Conduct 2-200.
I'm here to help you. Please call or email me to schedule a meeting.
MICHAEL O. LAMPHERE LAMPHERE LAW OFFICES
1120 NYE STREET, SUITE 305, SAN RAFAEL, CA 94901
OFFICE: (415) 461-9727