Jennifer Riel McClure

Jennifer Riel McClure is an experienced trial lawyer representing and advising clients in direct and inverse condemnation matters, land use/CEQA, water, utility and environmental disputes and real estate matters. She is experienced in advising both landowner and public agency clients in all aspects of an eminent domain matter.

Ms. McClure’s eminent domain experience includes right-to-take and compensation issues involving total and partial takings, loss of business goodwill, pre-condemnation claims, and severance damages. She also advises public agency and landowner clients regarding pre-condemnation planning and compliance.

Over her career, Ms. McClure has also represented numerous cities, counties, water and utility districts, port districts, airports, and flood control districts in connection with major public agency work/public work projects including numerous multi-parcel acquisitions. She has also represented commercial and industrial property owners, businesses, and special-use properties in eminent domain matters filed by Caltrans, BART and various local governments. 

Ms. McClure litigation experience includes representation of developers in variety of construction defect litigations and national insurers in numerous environmental coverage actions. 

Eminent Domain Representative Matters and Clients - Public Agency Focus

County of Riverside - Transportation: Ms. McClure has assisted the County with acquisition of real property for multiple projects. Examples include:

• Gilman Springs Road Widening Project: Current representation of the County in a multi-parcel acquisition of properties to widen Gilman Springs Road.
• Market Street Bridge Replacement Project: Current representation of the County in a multi-parcel acquisition of properties to reconstruct the Market Street Bridge.
• Jurupa Road Grade Separation Project: Current representation of the County in multi-parcel acquisition of commercial retail properties necessary for a grade separation at Jurupa Road. The County has successfully concluded litigation involving the valuation of various properties including two national fueling stations, national grocery and fast-food chain.
• Temescal Canyon Road Widening Project: Represented the County in a multi-parcel acquisition of commercial, residential and restaurant/bar properties to widen Temescal Canyon Road. The County prevailed against right-to-take challenges and at trial on the issue of compensation resulting in judgment at the County’s appraised value.
• Limonite/Interstate 5 Interchange Project: Represented the County in a multi-parcel acquisition of large tenant commercial retail, and industrial properties to improve operational performance of the 1-15/Limonite Interchange in cities of Eastvale/Jurupa Valley.
• Clay Street Grade Separation Project: Represented the County in connection with the acquisition of real property necessary for a grade separation for the existing at-grade crossing of Clay Street and the Union Pacific Railroad in the County of Riverside.
• Clinton Keith Road:  Represented the County of Riverside in connection with the acquisition of real property through six eminent domain cases for the Clinton Keith Road Project. The project involved widening and improving Clinton Keith Road and extending it to create a 3.4-mile-long, six lane arterial highway.

County of Riverside Department of Waste Resources: Lamb Canyon Landfill Expansion Project: Eminent domain counsel for acquisition of 70-acre parcel for the Lamb Canyon Landfill Expansion Project by Riverside County Department Waste Resources. The County prevailed in the U.S. Bankruptcy Court, and at trial in against right-to-take challenges raised by owner and future interest holder.

Orange County Flood Control District: Providing special eminent domain counsel to the District to assist in acquiring property for the Santa Ana River Mainstem/Prado Dam Project. The District is partnered with the U.S. Army Corps of Engineers and the Flood Control Districts of Riverside and San Bernardino Counties on this project.

San Diego Unified Port District: Represented the Port in defending condemnation action filed by the United States Navy to acquire portions of the Port property. Assisted the Port with condemnation matters involving acquisition of properties for various port projects. 

Riverside County Flood Control and Water Conservation District: Represented the District in an action to acquire property in Old Town Temecula for the Murrieta Creek Flood Control and Environmental Restoration and Recreation Project. Property owner claimed total compensation of $1,625,000. After a successful legal issues trial, the District reached a favorable settlement involving payment of cash compensation of $325,000, plus transfer of property of nominal value.

Public Water and Utility District Acquisitions: Assisted both public utility and water agencies in utilizing the eminent domain process to acquire utility properties. 

• South San Joaquin Irrigation District: Current representation of the District in an eminent domain action to acquire Pacific Gas & Electric’s electric system to provide retail electric service to 40,000 customers within its service area, which includes the cites of Manteca, Escalon, and Ripon. PG&E is challenging the District’s right to take on multiple grounds.
• Castaic Lake Water Agency: Represented Castaic Lake Water Agency (a state water project contractor) in actions to acquire the Valencia Water Company and the Santa Clarita Water Company (both water retailers). Both matters were resolved by way of stipulated judgments in condemnation calling for the payment of $73,800,000 in the case of the Valencia Water Company, and $63,000,000 in the case of the Santa Clarita Water Company, pursuant to stock purchase agreements.
• Tahoe City Public Utility District: Represented the Tahoe City Public Utility District in actions to acquire the Mid-Sierra Water Utility and the Timberland Water Company. Both matters were resolved amicably in late 2017 by way of stipulated judgments in condemnation.
• South Coast Water District: Represented the District in quiet title action involving inverse condemnation claims for a 20-acre parcel of property along the San Juan Creek in Dana Point.
• O’Donnell Golf Club adv. Desert Water Agency: Represented owner in dispute regarding leased water rights and inverse condemnation.

Ms. McClure has also represented the City of Anaheim, City of Palmdale, Los Angeles Unified School District, City of Los Angeles – Los Angeles World Airports, the Riverside County Flood Control and Water Conservation District, and the Alameda Corridor Transportation Authority in eminent domain litigation.

Representative Matters Eminent Domain and Clients - Landowner Focus

San Francisco Bay Area Rapid Transit (BART) v. PPF Industrial:  Represented Morgan Stanley/PPF Industrial, the owner of a 28.6-acre multi-tenant industrial business park. BART condemned the property for the Hayward Maintenance Yard Project. BART initially deposited $35,000,000. The case settled for total just compensation of $42,750,000.

People of the State of California, by and through the Department of Transportation vs. Calvary Deaf Church and the Southern California Assemblies of God: Represented defendant congregation and denomination concluding in a $4.6 million settlement, just one week before a scheduled three-week jury trial. Caltrans had previously offered no more than $1.6 million and had planned to argue at trial for a $770,000 value. The final settlement is well more than five times this figure.

City of La Puente Redevelopment Agency v. Gudzunas, et al.: Representation of the owner of a three-acre retail shopping mall developed in the 1950s. The condemning agency, the City of La Puente Redevelopment Agency, initially offered $3.55 million. Our team negotiated a lost rent agreement which insulated our client from any loss of income during the litigation. The case settled on the eve of jury trial for total compensation of $6.2 million to our client.

Orange County Transportation Authority v. Lakeview Orchard Association: Represented the Lakeview Orchard Association, and its members, in an eminent domain action brought by OCTA for its Lakeview Avenue Grade Separation Project in the City of Placentia. OCTA initially offered $743,000 for the taking of two easements and severance damages. The matter before trial for $1,975,000 in compensation for the takings, and damages, plus costs of $10,843 and interest of $4,256.

Fresno Unified School District v. International Church of the Foursquare Gospel, et al.: Part of the trial team representing the denomination, a local Fresno congregation, and its Pastor against the District. The District condemned the church’s property for a new elementary school. The District initially offered $410,000. The case settled for total just compensation of $1,350,000 for our clients. 

City of Santa Fe Springs v. PPF Industrial: Represented Morgan Stanley/PPF Industrial, the owner of a 17-acre multi-tenant industrial park, a portion of which was condemned for a grade separation project. The condemning agency initially deposited $516,000. The matter settled for $2,750.000.

Caltrans v. ARAMARK Uniform & Career Apparel, LLC: Represented ARAMARK in an action brought by Caltrans to acquire one of ARAMARK's key market centers for the I-215 widening project. Caltrans' initial offer was $1,881,000. The case settled for $4,500,000.

People of the State of California, by and through the Department of Transportation v. H Street Collision Center:  Represented H Street Collision Center, an auto-body repair shop along the I-215 in San Bernardino. Caltrans condemned a portion of the shop’s property for its I-215 widening project.

People of the State of California, by and through the Department of Transportation v. Canyon Springs LLC: Represented landowner Canyon Springs LLC. Caltrans offered $1.1 million for 3.79 acres of land near the 1-215/State Route 60 interchange. The case settled one week before trial for $3.8 million.

Inland Valley Development Agency vs. JAKS, LLC: Represented JAKS, a shopping center developer, in a condemnation matter over a l0-acre parcel of land located along the 1-10 expressway in San Bernardino. The Agency condemned the property in order to convey it to another developer who built a Sam’s Club. The Agency believed the property was worth $1.9 million due to access issues. The case settled one-week before trial for $3.45 million.

Paramount Unified School District v. McLane Manufacturing, Inc., et al.: Represented manufacturer of high-end lawn mowers and the largest employer in the City of Paramount in a condemnation matter. Settled case for $5.58 million, which is more than twice what the school district had originally offered.

Santa Ana Unified School District v. Bouchier, et at.: Represented the Bouchier family in connection with the taking of an 8.3-acre parcel of land, which will be the future site of an elementary school. The case settled for $6.2 million.

Garden Grove Agency for Community Redevelopment v. Hong, et al.: Represented auto broker and dealer. The Agency’s pre-litigation offer was $16,000. The Agency paid client $950,000 to resolve the case, two weeks before jury trial.

People of the State of California, by and through the Department of Transportation v. Jack Wade and Cowboy Boogie:  Representation of business owner facing condemnation.

Lippert v. People of the State of California, by and through the Department or Transportation: (Fresno County Superior Court) - Representation of landowner in inverse condemnation action.

Beard v. Motel 6: Representation of lessee in arbitration of ground lease valuation.