Eminent Domain

LANDOWNER REPRESENTATION

Armed with an in-depth knowledge of landowner rights, Redwine and Sherrill uses a skilled team of experts, including appraisers chosen for their knowledge of specific issues affecting property value. Redwine and Sherrill has successfully represented landowners in numerous cases of direct or inverse takings in California, a state where the issue of establishing fair market value can be complex and difficult.

Even with its strong track record in successful litigation, Redwine and Sherrill recognizes that court proceedings often are not the best approach for landowners. Negotiated settlements are an integral part of the process. As in any negotiation, the backing of a successful, knowledgeable legal team can create a strong leverage point on your behalf, and assist in a fair and equitable out-of-court settlement.

CONDEMNING AGENCY REPRESENTATION

Redwine and Sherrill focuses on the primary goal: to acquire property in order to construct a facility as quickly, fairly and economically as possible. The primary objective-- to negotiate a just compensation package with the landowner-- saves both time and money through the avoidance of litigation. However, should litigation be required, the firm is skilled in representing the public's interest.

Unlike most land acquisition scenarios in which the buyer and seller are both motivated, condemnation frequently produces controversy from the inception. While a buyer in a private transaction can conceal his estimate of the property value, a public condemnation requires the agency to disclose its basis for establishing value. This often creates a fundamental tension between the agency's mandated responsibility to the landowner and its fiduciary responsibility to its constituents. By recognizing the subtleties intrinsic to this dual obligation, Redwine and Sherrill has been successful in guiding agencies on a course satisfactory to both sides.

In the area of eminent domain, whether representing the landowner or condemning agency, the firm relies on its acumen in the areas of:

  • Direct condemnation proceedings
  • Inverse condemnation defense
  • Road rights-of-way
  • Waterline, sewerline and access
  • Booster stations, lift stations and pumping plants
  • Well and reservoir sites
  • Water treatment plants
  • Water reclamation facilities
  • Flood control facilities
  • Administrative office sites
  • Operation and maintenance yard sites
  • Privately-owned domestic water companies
  • Redevelopment agency acquisitions
  • Flooding and water damage
  • Noise, odor and light nuisance claims
  • Encroachment on private property
  • Fire damage
  • Obstruction of view
  • Landslide, subsidence and loss of lateral support