HANDBOOK CONTENTS I The Power of Eminent Domain II The Eminent Domain Process III Just Compensation • What is "just compensation"? • Who is entitled to just compensation? • What is "fair market value"? • As of what date will my property be valued? • What happens if the property is rented - who gets the compensation? • What if only part of my property is taken? • What about improvements - is compensation paid for these? • Are business losses compensated? • Is there anything I need to do to protect my right to seek business losses? • Am I entitled to interest? • How much will this cost, and am I entitled to recover my expenses from the government? IV Retaining an Attorney
	THE CALIFORNIA EMINENT DOMAIN HANDBOOK Chapter III: Just Compensation How much will this cost, and am I entitled to recover my expenses from the government? Most eminent domain cases are handled on a contingency fee basis, though some clients opt for an hourly fee arrangement. Usually, the contingency is based on the amount over and above the government's initial offer which the attorney is able to obtain for you. You therefore bear no risk of exposure to paying attorneys' fees unless the attorney obtains greater compensation for you. If the attorney does not obtain greater compensation than the amount of the government's initial offer, you will not be responsible for attorneys' fees. If the attorney does obtain greater compensation than the amount of the government's offer, then the attorney is entitled to a percentage of that excess. You will, however, generally be responsible in any event for out of pocket costs and fees paid to third party appraisers. Normal court costs, such as filing fees paid to the court, deposition fees paid to court reporters and certain witness costs are generally reimbursed to the property owner at the conclusion of the case. In addition, in some cases, all or a portion of the attorneys' fees and appraisal fees may be recoverable from the condemning agency at the conclusion of the case. If, for example, the property owner 20 days before trial makes a reasonable settlement demand, and the condemning agency makes an unreasonable offer, then the property owner may be entitled to recover all or part of his attorneys' and appraisers' fees, whether the fee is based on a contingency or hourly basis. Each case, of course, differs and must be evaluated on its own merits.
SEARCH                CONTACT INFORMATION (866) EM DOMAIN Toll Free | (818) 957-0477 Telephone | (818) 957-3477 FAX 3429 Ocean View Blvd., Suite L, Glendale, California 91208          Terms of Use Home | Cal ED Handbook | About Us | Our Track Record | Contact Us | Blog           COPYRIGHT (C) 1997 - 2008 Arthur J. Hazarabedian, Esq.