Does a government entity or public utility want to take your property by condemnation or eminent domain? Has a government entity or public utility already taken an interest in your property and not paid you, resulting in inverse condemnation? Or, is a government agency or public utility denying you street access to your property? In any case, with so much to lose you definitely need experienced legal representation to ensure that you are properly compensated for your property.
If you are unsure what to do about a zoning notice, code enforcement notice, or any other nasty notice you have received, you will be best served to enlist the services of David R. Fischer who has dealt with many government agencies in negotiating and clearing up these matters. It pays to have an attorney that understands ordinances and codes working on your side.
Condemnation, also called eminent domain, is when a government entity or public utility takes all or part of a person's land, or an interest in the land (such as an easement) for a public purpose. The law says that the property owner is entitled to compensation for the "taking." A court proceeding is often required to determine the value of the taking because the government entity or public utility will frequently not offer the property owner the full value. We work with expert appraisers to determine the highest reasonable value, and take these cases to trial if necessary. Many times in condemnation cases, we will agree to represent a property owner on a contingency fee basis.
Examples of the public projects where we have represented a landowner include: Highway 4 widening, Antioch/Oakley, CA; Los Vaqueros Reservoir pipeline, Brentwood, CA; Lone Tree Way improvements, Antioch, CA; Napa River Flood Control improvements, Napa, CA; Electric transmission line installation, Pittsburg, CA; Eighth Street improvements, Pittsburg, CA; Cirby Way widening, Roseville, CA; P.G.&E. transmission line extension, Middletown, CA; Downtown Pittsburg Redevelopment Project, Pittsburg, CA; P.G.&E. gas transmission pipeline, Martinez, CA; Depot Street widening, Vacaville, CA; Public park expansion, Pittsburg, CA; Big Canyon Road drainage improvements, Lower Lake, CA; Sewer main installation, Alamo, CA; BART parking expansion, Pleasant Hill, CA; Hiking Trail expansion, Pleasant Hill, CA; Hiking Trail expansion, Concord, CA; Broddus Creek bridge project, Willits, CA; Highway 20 drainage improvements, Lucerne, CA; and Highway 242 Concord Avenue exit widening, Concord, CA.
Like condemnation and eminent domain, inverse condemnation most often occurs when a government entity or a public utility takes an interest in a parcel of land, or causes damage to a property and refuses to pay for it. Examples of cases where we have brought inverse condemnation lawsuits include: Landslide caused by street construction, Orinda, CA; Vibrations from next door public project that caused a building's foundation to crack, Concord, CA; Blocking off access to a vacant lot, Clayton, CA; Changing a "through street" into a cul-de-sac, Walnut Creek, CA; and Temporary occupation of lot during adjacent freeway work, Oakland, CA.
So you have received a zoning, code enforcement or other nasty notice informing you that you have a code violation. These notices may often be confusing, and you may believe that you are in compliance. Even if you believe that you are in compliance do not ignore the notice. It is also in your best interest to begin correcting the violations as soon as possible. The time given to remedy a violation is usually quite short, especially if you want to obtain bids for the job, need to obtain permits to do the work, or just get on a contractors calendar. Showing a good faith effort may be helpful if the matter goes to a hearing. The law office of David R. Fischer can negotiate the legal ins and outs of your administrative hearing or help you apply to the zoning or planning board for a variance. If you ignore the notice and the governing agency finds that your property remains in noncompliance, they may impose a lien on the property.
