Eminent Domain & Inverse Condemnation

For over 70 years, Downey Brand has been one of the leading eminent domain and inverse condemnation firms in California.

That leadership continues today as we currently have one of the largest and most active condemnation practices in Northern California with eminent domain attorneys practicing out of our Sacramento and Stockton offices. We are equally skilled in assisting public entities with projects that require the acquisition of private property and obtaining just compensation for land and business owners threatened with full or partial condemnation.

Our eminent domain attorneys have unmatched experience handling complex property acquisitions for large public projects from right-of-way planning through trial and appeal. Our attorneys have represented cities, counties, special districts, and other agencies in the acquisition of agricultural, commercial, industrial and residential property for streets, highways, water supply projects, electrical transmission lines, public buildings and redevelopment, as well as having successfully defended public agencies from inverse condemnation claims.

Downey Brand’s eminent domain attorneys also have vast experience defending landowners and business owners against governmental agencies in eminent domain actions. This experience includes defending landowners and/or business owners in numerous eminent domain actions throughout Northern California in cases involving acquisitions for uses such as highway, mass transit, redevelopment, flood control, open space, library, school, electrical transmission and water supply.


Selected Experience

Selected Experience

  • Represent the Three Rivers Levee Improvement Authority in over 60 property acquisitions in Yuba County for several multimillion-dollar levee improvement projects, including the construction of the largest set back levee in the western United States.
  • Co-chaired jury trial in the case of Three Rivers Levee Improvement Authority v. Danna Investment Company resulting in a verdict that was substantially lower than the pre-litigation offer and deposit of probable compensation. This resulted in a judgment requiring the landowner to return some of the deposit to the public agency.
  • Represent the Sutter Butte Flood Control Agency in the acquisition of several hundred parcels of property for a 41 mile levee improvement project along the west bank of the Feather River.
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Public Agency Representative Experience

  • Represent the Three Rivers Levee Improvement Authority in over 60 property acquisitions in Yuba County for several multimillion-dollar levee improvement projects, including the construction of the largest set back levee in the western United States.
  • Co-chaired jury trial in the case of Three Rivers Levee Improvement Authority v. Danna Investment Company resulting in a verdict that was substantially lower than the pre-litigation offer and deposit of probable compensation. This resulted in a judgment requiring the landowner to return some of the deposit to the public agency.
  • Represent the Sutter Butte Flood Control Agency in the acquisition of several hundred parcels of property for a 41 mile levee improvement project along the west bank of the Feather River.
  • Represent the Modesto Irrigation District in 20 separate eminent domain actions involving the acquisition of property for a 230 kV transmission line.

Landowner and Business Owner Representative Experience

  • Represent a Fortune 100 telecommunication company in the condemnation of its cell site by Caltrans.
  • Represent landowner in the proposed acquisition of property by the City of Sacramento for the new Sacramento Kings Arena.
  • Represent landowners in pre-condemnation activities associated with the Department of Water Resources Bay Delta Conservation Plan and the potential tunnel project through the Delta.
  • Represented several landowners in eminent domain actions brought by the City of Elk Grove arising out of the Highway 99 and Grantline Road interchange project.
  • Represented landowners in an eminent domain action brought by the City of Sacramento for the Main Avenue bridge project.
  • Represented several landowners in eminent domain actions brought by Caltrans to acquire property for the widening of State Route 219 in Stanislaus County.
  • Represent a local bank in an eminent domain action brought by Caltrans to acquire a portion of bank property for the Highway 50 and Harbor Boulevard Interchange Improvement Project in West Sacramento.
  • Represent a landowner in an eminent domain action brought by the Lindsay Unified School District for the construction of the new Lindsay High School.
6 Attorneys
Professional headshot of attorney, Joshua Dalavai

Associate

Sacramento 916.520.5326

Professional headshot of attorney, Tyler Horn

Tyler J. Horn

Senior Associate

Stockton 209.472.3978

Sacramento 916.444.1000

Professional headshot of attorney, Scott McElhern

Scott D. McElhern

Partner

Sacramento 916.520.5367

Professional headshot of attorney, Kelly Pope

Kelly L. Pope

Partner

Sacramento 916.520.5362

M. Max Steinheimer

Of Counsel

Stockton 209.472.3926

Sacramento 916.444.1000

Jennifer L. Williams

Counsel

Stockton 209.472.3918

Sacramento 916.444.1000

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