Murphy & EvertzMurphy & Evertz2026-06-17T13:55:08Zhttps://www.murphyevertz.com/feed/atom/WordPress/wp-content/uploads/sites/1103350/2023/08/cropped-Murphy-Evertz-site-icon-32x32.pngOn Behalf of Murphy & Evertz<![CDATA[Severance damages: When the government takes only part of your land]]>https://www.murphyevertz.com/?p=474012026-06-17T13:55:08Z2026-06-17T13:55:08Z you think about eminent domain, you may picture the government taking an entire property for a road project or other public improvement. However, many eminent domain cases involve only part of a property. In these situations, the government takes a portion of your land while you keep the rest.
Even when the government takes only part of a property, the effects may go beyond the land itself. As a result, compensation may include what are known as severance damages.
What are severance damages?
Severance damages refer to a drop in the value of the property you keep after the government takes part of your land. In other words, compensation may cover both the value of the land taken and any loss in value to the remaining property.California law recognizes this type of compensation. The law states that property owners may receive compensation for damage to the remaining property when the government takes part of a larger parcel through eminent domain.For example, a government agency may take the front section of a commercial property. Even if the building stays in place, losing parking spaces, visibility or easy access may make the property less useful and less attractive to buyers.
How are severance damages calculated?
When officials take only part of a property, appraisers usually follow several steps to estimate compensation:
Determine the value of the land taken: Calculate the fair market value of the portion the government acquires.
Assess the remaining property: Evaluate whether the taking or the public project reduces the value of the property you keep.
Consider any special benefits: Identify any unique benefits the project may provide to the remaining property. In some cases, those benefits may reduce severance damages, but they generally do not reduce compensation for the land taken.
Because every property is different, appraisers often look at several factors before reaching a conclusion.
How can a partial taking affect your property?
In some cases, losing a small piece of land can create larger problems for the rest of the property. Common examples include:
Less parking space
More difficult access
Lower visibility from nearby roads
Reduced usefulness for business purposes
For instance, a transportation project may take part of a business's parking area or remove direct access from a busy street. Although the building may remain untouched, customers could find it harder to reach the business or even notice it. As a result, the property's value may decrease even though officials took only part of the land.
Understanding the full impact of a partial taking
A partial taking may affect more than the land the government acquires. Changes to access, visibility and day to day use can also affect the value of the property that remains. Because of this, the condition and value of the remaining property often play an important role when compensation is determined.]]>On Behalf of Murphy & Evertz<![CDATA[Take prompt action if served with an LA Metro Notice of Decision]]>https://www.murphyevertz.com/?p=473982026-04-13T11:59:06Z2026-04-11T12:50:17ZWhat 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.]]>On Behalf of Murphy & Evertz<![CDATA[Recovering loss of business goodwill in California]]>https://www.murphyevertz.com/?p=473962026-02-23T13:31:54Z2026-02-23T13:31:54ZWhen the government takes your business location, you may lose more than the building. You could also lose the reputation and customer loyalty tied to that address.
California law allows you to seek compensation for that loss. UnderCalifornia Code of Civil Procedure section 1263.510, business owners may recover damages for lost goodwill in an eminent domain case.
What business goodwill means
Goodwill includes the benefits your business gains from its location, reputation for dependability, skill or quality and other factors that create repeat or new customers.This claim is not the same as lost profits. Profits may help measure value but goodwill focuses on the damage to your patronage and brand presence.You do not need to own the property to qualify. Tenants and long-standing operators may assert a claim if they can prove real, existing goodwill.
The legal requirements you must meet
To recover compensation, you must prove several legal requirements. You must show:
Existing goodwill: Your business had real value tied to its reputation, location and customer base before the property was taken.
Causation: The government’s taking caused the loss.
Unavoidable loss: You could not reasonably avoid the loss by moving or taking other practical steps.
No relocation overlap: The loss is not already paid through relocation benefits.
No double recovery: You are not asking to be paid twice for the same loss.
Each requirement serves a different purpose. You only need to show that some loss was unavoidable to move forward. If you meet that threshold, a jury usually decides how much your lost goodwill is worth.This framework reflects a core principle of eminent domain law. Just compensation may extend beyond real estate value when a taking disrupts established patronage. For many Southern California restaurants and retail shops affected by transit expansion, location drives foot traffic and repeat business. When that location disappears, goodwill may decline even if you reopen elsewhere.
Professional appraisal: A qualified business valuation expert
Financial documentation: Tax returns and profit and loss statements
Mitigation efforts: Proof you explored reasonable relocation options
Active efforts to reduce loss can strengthen your position. Failure to mitigate may reduce the award but it does not automatically eliminate your claim if some loss was unavoidable.
You may explore legal options
Goodwill recovery can be technical and fact-specific. Reviewing your situation with an attorney experienced in eminent domain for landowners may help you understand what evidence you need and how your claim fits within the broader compensation process.]]>On Behalf of Murphy & Evertz<![CDATA[Relocation Assistance Benefits for SoCal Residents and Businesses]]>https://www.murphyevertz.com/?p=473902026-01-29T13:18:56Z2026-01-28T15:17:09ZBeyond Selling Your Property
There is a special law called the Uniform Relocation Assistance Act (URA), along with California's own laws, which offers compensation that many business and property owners do not even know about.
Reasonable and documented moving as well as related expenses are reimbursable. This includes paying to move your equipment, products (inventory), and furniture to your new place. You can also get compensation for hiring professional movers, buying boxes and packing supplies, and even for temporary storage if you need it.
The agency puts its foundation of just compensation on an appraisal process. It also relies on an estimate of fair-market value.
Restarting Again In A New Place
Reestablishment expenses may be available to help you set up your business in a new spot. This covers things like putting in new shelves or counters (fixtures), changing the new space to fit your business, and buying new equipment if it is too hard to move your old stuff.
Search Expenses can cover the costs of looking for a new location. Although the amount may be subject to program limits these benefits show that the law understands the challenges of keeping your business going when you must move.
Advice And Support You Can Get
Besides money, business owners and property owners also have the right to get advice and support throughout the moving process. Government agencies may offer advisory/relocation assistance to help you and make sure you receive all the legal help you can get. However, it is your responsibility to manage the deadlines and required documentation for the assistance to take effect. Still, dealing with all the government rules can feel overwhelming without experienced help on your side.
Moving Forward With Confidence
Every business owner and homeowner faces challenges but having the government take your property is a difficult situation that few people are ready for. Having the right information and knowing your rights helps, especially when moving is unavoidable. However, working with experienced lawyers who listen to your specific needs and fight hard for your interests can make these difficulties much easier. This allows you to move forward to a successful new start with the fair payment you truly deserve.]]>