Law Offices of Robert A. Stack

Phone: 858-812-8479 Fax: 858-792-8479

Law Offices of Robert A. Stack Sunroad 4445 Eastgate Mall, 2nd Floor San Diego, CA San Diego Co. 92121 (San Diego Co.)View Map

Eminent Domain

Condemnation of land
Condemnation of structures
Condemnation of businesses
Direct condemnation
Inverse condemnation
Right to take issues
Compensation issues
Valuation issues
Severance damages
Precondemnation damages
Loss of goodwill
Relocation rights

"No person shall ... be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation [emphasis added]." United States Constitution, Fifth Amendment (1791).

"Private property may be taken or damaged for public use only when just compensation, ascertained by a Jury [emphasis added] unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain upon deposit in court and Prompt Release [emphasis added] to the owner of money determined by the court to be the probable amount of just compensation." Constitution of California, Article 1, §19 (1879).

"The fair market value of the property taken is the highest price [emphasis added] on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, and able to buy but under no particular necessity for so doing, each dealing with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." California Code of Civil Procedure, §1263.320(a).

Government acquisitions or "takings" are forced sales based on constitutional law, statutes and case law.  Property owners should learn about their rights from a private property rights advocate. For years we have practiced exclusively in the field of eminent domain law, and we only represent private property owners.  We are uniquely qualified and experienced to provide real estate owners and business owners with the information and representation they need.

We have been involved in representing real estate owners and business owners in eminent domain cases throughout San Diego, San Bernardino and Los Angeles Counties for 14 years. We have been especially active against the California Department of Transportation ("Caltrans"). Some projects include cases along the State Route 56 freeway in Carmel Valley, the State Route 52 freeway in Santee, the State Route 905 freeway in Otay Mesa, the State Route 30 freeway in San Bernardino, the State Route 15 freeway in City Heights, and the State Route 125 freeway in El Cajon, in La Mesa, in Spring Valley, in Lemon Grove, in Chula Vista, and in the County of San Diego.

We have also been very active in redevelopment areas throughout San Diego County. Some examples include redevelopment projects in downtown San Diego, such as Petco Park, redevelopment projects in City Heights, such as the new Urban Village, police station and community center, redevelopment projects in the City of Vista, such as the Vista Village, and a number of other projects around the County. We have also been actively involved in road widening projects, utilities and other types of eminent domain cases.

Our firm is dedicated to achieving for real estate owners and business owners the full extent of their Constitutional guarantees. We are specifically experienced in maximizing condemnation awards. Our fee structure is often based on a contingency, or percentage of the award that we earn over and above what the government agency offers the property owner.

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