Eminent Domain

For over four decades, KMTG has had one of the leading eminent domain practices in California.

Our eminent domain attorneys have years of success representing both public agencies and property owners in eminent domain proceedings. Whether you are a public entity with a project that may require the acquisition of property by eminent domain or a land or business owner threatened with full or partial condemnation, we can guide you through every aspect of the property acquisition process.

We work with expert appraisers, engineers, and environmental consultants to ensure that our clients obtain the best possible results no matter how complex the project or valuation issues.

Public Agencies

Beginning with the State Water Project and the creation of Lake Oroville in the 1960s, we have assisted cities, counties, special districts and school districts in a wide variety of public projects requiring the acquisition of agricultural land, industrial space, and residential and commercial parcels for transportation, flood control, water supply, and public building projects ranging from schools and fire houses to freeway interchanges and water storage facilities. We skillfully and efficiently guide public agencies through every stage of the acquisition process, from project planning, site-selection, pre-acquisition appraisals, and preparation and adoption of Resolutions of Necessity, to purchase negotiations and all aspects of eminent domain litigation. Our attorneys have extensive experience defending against right-to-take challenges, obtaining possession before judgment, and litigating just compensation for both real property and losses of business goodwill.

Private Landowners and Business Owners

Our eminent domain attorneys are equally skilled and successful in protecting the property rights of individuals, families and businesses whose properties are targeted for acquisition by public agencies. When retained before eminent domain litigation commences, we guide our clients through the precondemnation process to minimize the impacts of the public project on their property and/or businesses and to maximize the initial offer of compensation they will receive. If precondemnation negotiations do not result in an acceptable purchase offer, we bring our years of experience litigating eminent domain cases to bear to obtain just compensation for our clients. We frequently work with recognized experts in residential and business relocation as well as real estate and business appraisal to ensure that our clients receive the full amount of compensation and relocation benefits to which they are entitled by law.

Because of our years of experience representing public agencies, we can also wisely counsel our clients regarding whether it is worthwhile to challenge a condemning agency's right to take their property and successfully bring such challenges in appropriate cases.

Our Scope of Services

  • Training public agency staffs regarding property acquisition
  • Consulting regarding project designs and schedules
  • Selecting and working with appraisers and relocation consultants
  • Precondemnation purchase negotiations
  • Preparation of Resolutions of Necessity and supporting documents
  • Preventing and, where necessary, litigating right-to-take challenges
  • Motions for possession before judgment
  • Just compensation trials
  • Inverse condemnation litigation