Eminent Domain Representation

Condemnation attorneys assist landowners, developers and government entities

Eminent domain is the power of the government to take private property for public use, in return for just compensation. What exactly constitutes public use and what amount of compensation is just are two of the major issues in any attempted exercise of eminent domain. At Mazzarella & Mazzarella LLP, we understand the delicate balance of interests at play in any exercise of eminent domain. Our experience representing various parties engaged in condemnation proceedings gives us a high-level view of the process. This enables us to advocate strongly for our client, while appreciating other perspectives and recognizing opportunities to reach negotiated solutions. However, when litigation is necessary to protect our client's rights, we are confident in our ability to deliver a compelling argument to judge and jury.

Reliable legal advice based on precise knowledge and practical experience

The Supreme Court significantly expanded the government's condemnation power in 2005 with its decision in the controversial Kelo case, where the Court ruled that the public purpose of reviving a blighted area was sufficient to allow seizing private property and transferring ownership to a private developer. However, the subsequent failure of the Kelo developers to make good on their promise has produced a cautionary tale for any government entity considering a similar exercise of its takings power. At Mazzarella & Mazzarella LLP, our attorneys examine all aspects of a proposed eminent domain taking and provide astute guidance on the legal issues. We help our clients weight the costs and benefits of all available strategies and set realistic goals for negotiation and litigation.

Trustworthy representation and flexible strategies for achieving your goals

Not every exercise of eminent domain has to result in an outright seizure of property. Government entities and property owners can reach negotiated solutions that enable public and private use of the parcels in question. Conversely, governments sometimes take actions that do not fit the classic definition of eminent domain, but nevertheless infringe on property owners' rights and diminish property value. Mazzarella & Mazzarella LLP manages a variety of conflicts that fall short of condemnation, such as:

  • Building moratoriums
  • Easements
  • Estoppel
  • Inverse condemnation
  • Water rights disputes

When negotiated solutions are possible, protracted litigation benefits no one. Mazzarella & Mazzarella LLP takes a practical approach to resolving issues that advances our client's goals in a timely and cost-effective manner.

Contact our meticulous San Diego eminent domain attorneys

Choose an experienced law firm for eminent domain representation. Call Mazzarella & Mazzarella LLP at 619-238-4900 or contact us online to schedule a consultation. From our San Diego office, we represent clients throughout Southern California.