Real Property and Eminent Domain

Day Carter & Murphy LLP’s eminent domain practice focuses on achieving superior results for condemning agencies and property owners alike. The Firm’s experience includes all aspects of real property acquisition for major public works projects, including multi-million dollar flood control projects and public utility projects (including electric, wind, and natural gas transmission and storage projects). From pre-project planning through trial and appeal, our attorneys have the knowledge, experience, and expertise to ensure our clients’ real estate requirements are met on budget and on time. Likewise, our attorneys have ensured the best results for our clients facing loss of their valuable property rights. We fight for our clients’ right to be awarded the highest price for their land, plus severance damages, goodwill, business reestablishment costs, and relocation expenses.

REPRESENTATIVE MATTERS

Eminent Domain

Represented public entities, oil and gas companies, and private individuals in eminent domain matters from pre-condemnation planning through negotiations, mediation, settlement, trial, and appeals.

Represented local public agency in acquisition of real property rights necessary to carry out a 5.6-mile levee improvement project along the Sacramento River involving more than one hundred affected parcels.

Represented public agency in acquisition of wind power transmission easements for large-scale wind generation project.

Represented public utility in the acquisition of power distribution line easements in rural and semi-rural setting.

Represented gas storage operator in acquisition of mineral rights, underground natural gas storage rights, surface access rights, and collection line easements for use in natural gas storage facility.

Represented gas storage operator at eminent domain trial and subsequent appeal involving methodology for determining value of underground natural gas storage rights. Central Valley Natural Gas Storage v. Southam (2017) 11 Cal.App.5th 686.

Represented and worked out compromise for owner of shopping mall in defense of a taking for a road widening/improvement project that threatened to destroy mall access and parking.

Represented agricultural landowner in defense of a taking for a highway-widening project resulting in an award at more than three times the agency’s initial offer.

Real Property

Represent buyers and sellers of agricultural properties in the north Central Valley.

Represent public agencies and private landowners in connection with boundary disputes, easement disputes, and rights of ingress and egress.

Represent landlords in landlord/tenant disputes, commercial unlawful detainer, and enforcement of lease rights.

Advise client landowners on grants of easements and other interests in land.

Represent gas storage operators in connection with gas storage lease disputes and administration.

Enforce water rights, deed restrictions, easement rights, covenants, and conditions on behalf of landowners.