Allen Matkins represents clients in a broad range of inverse condemnation claims, which arise when the government takes or damages property without filing a condemnation action.
We have particular experience in:
- Dedication and fees cases (including a multimillion-dollar case involving park in-lieu fees)
- Major landslide cases
- De facto taking cases (including cases where properties have, in effect, been taken for conservation of habitat without the government’s paying compensation and legally taking title to the properties)
EXPERIENCE
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Winchester 700 LLC v. Western Riverside County Regional Conservation Authority (Arbitration). Represented the owner of a 454-acre property in Riverside County that the Western Riverside County Regional Conservation Authority (RCA) had deemed necessary for conservation as part of its Multiple Species Habitat Conservation Plan. Having determined it would acquire the property, the RCA caused the processing of the property owner's development entitlements to be frozen, but the RCA never made a specific offer to purchase. Under threat of an inverse condemnation action, we negotiated a valuation/acquisition process with the RCA. Under that process, we represented the property owner in an arbitration in which the RCA presented appraisal testimony of a value below $30 million. After the completion of the arbitration, but before the award was issued, the parties reached a settlement by which the RCA paid more than $70 million.
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Property Owner (California). Represented beachfront property owner in major inverse condemnation trial against California Department of Transportation resulting from diversion of storm water drainage onto property. Six-day trial resulted in very favorable decision in client's favor including award of substantial attorney's fees and expert fees.
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Commercial Landowner (California). Represented a major commercial landowner in a multi-million dollar inverse condemnation dispute with the California Department of Transportation regarding damage caused by major freeway expansion due to ensuing rising groundwater.
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Property Owner. Represented property owner in negotiations/possible inverse condemnation action involving damage caused by stormwater drainage onto client's property from public drains.
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