Eminent Domain and Inverse Condemnation

Colantuono, Highsmith & Whatley, PC has significant expertise in eminent domain and inverse condemnation representation as counsel, advisors and litigators.

Jenni Pancake leads our eminent domain and inverse condemnation practice. Her experience covers a wide variety of condemnation issues and includes representation of governmental agencies, property owners, tenants and business owners on all aspects of the condemnation process. Her experiences include litigation and appeals as well as settlement and mediation. Two of her early cases resulted in published appellate decisions — Community Redevelopment Agency v. Force Electronics (1997) 55 Cal.App.4th 622 and Los Angeles Unified School Dist. v. Trump Wilshire Assoc. (1996) 42 Cal.App.4th 1682. She and Michael Colantuono were co-counsel in the California Supreme Court’s two most recent inverse cases: City of Oroville v. Superior Court (2019) 7 Cal.5th 1091 [city not liable for sewer backup because property owner did not install back-flow valve required by plumbing code] and Weiss v. CalTrans (2020) ___ Cal.5th ___ Case No. S248141 (filed July 16, 2020) [pre-trial motion under CCP 1260.040 limited to eminent domain, not available in inverse condemnation].

We have expertise representing the following in litigation and acquisition matters:

  • Cities
  • Counties
  • Irrigation districts
  • Construction authorities
  • School districts
  • Water districts

Topics of our practice include:

  • Acquisition
  • Real estate valuation
  • Loss of business goodwill
  • Severance damages
  • Right-to-take challenges
  • Pre-condemnation damages
  • Relocation benefits
  • Inverse condemnation/physical takings