Receiving a Notice of Decision from LA Metro can leave property owners frightened about their financial stability. Major SoCal transit projects, including those managed by LA Metro, may require the acquisition of private property for major expansions.
Currently, the D line or purple line is undergoing an extension. There is also the Wilshire Corridor project, the East San Fernando Valley Light Rail and Brightline West. Any of the public transit projects underway in Southern California could require the acquisition of real property.
Owners might freeze up or choose to ignore the Notice of Decision that they receive. However, it is important to understand that prompt action is of the utmost importance to either protect the property or to ensure an appropriate amount of compensation is received for its forced sale through eminent domain proceedings.
What steps can owners take?
The most critical act to perform in an eminent domain scenario is to contact an attorney familiar with condemnations and different property defense strategies. They can review the notice and manage communication with LA Metro if necessary.
Transit-related eminent domain takings have often gone through a rigorous vetting process, making it highly unlikely for property owners to contest the inclusion of their parcel as unnecessary. The use of the land for public transit all but eliminates a claim that the taking is not for public benefit. Owners may not be able to avoid the sale of their property, but working with an attorney can help them counter efforts to acquire their property at less than the current fair market value.
An attorney can assist with securing an accurate formal appraisal of the property and a Resolution of Necessity that validates the need to acquire a specific property for a transit project. An eminent domain attorney can also guide the process of documenting improvements to the property and other factors that may influence the amount of just compensation available.
A lawyer can potentially negotiate the matter privately or request a hearing in civil court. Typically, initial notice letters arrive anywhere from 30 to 90 days before the condemning authority begins the process of acquiring parcels. An attorney can use that time to evaluate the legitimacy of the claim and help validate a realistic fair market value for the property.
Instead of waiting and hoping for things to resolve favorably, property owners who receive a notice of decision regarding an eminent domain claim must act promptly. Retaining the support of an experienced eminent domain lawyer can make a major difference for those concerned about receiving fair compensation for the forced sale of their real estate holdings for a transit project.