DNLC has specialized in condemnation law since 1938. We represent property owners, tenants, and business owners in eminent domain and inverse condemnation actions against the government. Our firm is recognized as a preeminent leader in eminent domain / condemnation and inverse condemnation law. Our firm and attorneys have received numerous awards, been consulted on jury instructions, statutory drafting, and testified in front of the legislature to protect private property rights.
Our representation of property owners includes a wide variety of cases in which the government may be taking an easement, a portion of the property in fee, or the entire property, for projects related to:
- gas lines;
- rail projects (including the California High Speed Rail);
- water conveyance (including the Bay Delta Conservation Plan / peripheral canal);
- levee repairs and construction (including the Natomas Levee Improvement Program by SAFCA, the Three Rivers Levee Improvement Program, and the Feather River West Levee Project by SBFCA);
- transportation projects;
- highway bypasses;
- interchanges;
- schools;
- sewer systems;
- power transmission; and
- parks
Client Representation
We are committed to property rights and holding the government to adhere to constitutional protections. No property or case is too big or too small. Each and every property owner who faces a governmental taking of their property has the same constitutional rights and is equally important to us. Eminent domain is a specialized area of law that is unique from other practice areas. Our experience in eminent domain allows us to navigate this complex area of the law to ensure our clients are positioned for the best chance for success. We make sure our representation and efforts make economic sense, so our clients are able to pursue their goals. Our priority is to put the needs and goals of our clients first. This, together with the results we consistently achieve in settlements, trials, and on appeals, has kept our eminent domain practice thriving for more than 80 years.
Our Work
Eminent Domain
Our representation of property owners has ranged from representing the owners of over 17,000 acres to owners of less than an acre. We have handled cases where the amount of just compensation at issue was over $100 million. We have represented clients who were offered $500 by the government, and after trial the client was awarded nearly $1,400,000. We analyze each and every case to ensure you receive just compensation as required by the constitution, and your property rights are protected from government overreach and unconstitutional interference.
In addition to securing just compensation, we have also successfully fought the government’s right to take our clients’ properties and businesses. And we have significant experience representing business owners in cases involving business valuation, loss of goodwill, and relocation benefits.
Inverse Condemnation
DNLC successfully represented thousands of property owners after the 1986 flood in Linda, Yuba County, California. This inverse condemnation action resulted in the seminal case of Paterno v. State of California, where the government was required to pay $464 million in damages. Our experience in inverse condemnation is vast and varied. We have represented thousands after a flood to a single owner of property damaged by the government’s action.
Firm and Attorney Recognition
Our firm’s eminent domain attorneys have achieved the following recognitions:
- U.S. News ranks DNLC in its list of the “Best Law Firms,” with a Tier 1 rating in Eminent Domain and Condemnation Law
- Gary Livaich is consistently rated a “Super Lawyer” in eminent domain, is rated AV – Preeminent by Martindale Hubbell (which reflects a “Very High General Ethical Standard” and a rating of Preeminent for the attorney’s Legal Ability), was U.S. News and World Report’s 2014 “Lawyer of the Year”, and is consistently ranked on “The Best Lawyers in America” in the fields of Eminent Domain and Condemnation Law;
- Brian Manning has been selected as a “Rising Star” in eminent domain and for the past several years a “Super Lawyer” in eminent domain, has authored published material on eminent domain practice, and
- Kristen Renfro has been selected as a “Rising Star” in eminent domain for the past several years
- Our attorneys are members of the Condemnation Attorneys Group;
- Attorneys from our firm have worked with the California Judicial Commission to refine jury instructions to protect and enforce property owners’ constitutional rights; and
- Sacramento Magazine – Best Lawyers – Eminent Domain.
Then and Now
- Senator Earl D. Desmond and E. Vayne Miller started the eminent domain practice in 1938
- Richard Desmond continued the eminent domain practice for over 50 years.
- Gary Livaich, has carried on the Desmond tradition for nearly 40 years.
- Today, Mr. Livaich, Brian Manning, and Kristen Renfro work together on all eminent domain cases.