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San Diego Inverse Condemnation Attorney

Posted on March 10 2015 by Gabriela Ocampo

The use of a San Diego inverse condemnation attorney for handling inverse condemnation cases is generally the best idea, as most individuals are not skillful in identifying what would constitute fair compensation. Under California law, inverse condemnation is allowable under certain conditions. One problem is that "fair" is a relative term that government entities are unlikely to proactively offer. For this reason, consulting with a San Diego inverse condemnation attorney can serve you well if your property has been damaged as a result of imminent domain.

North San Diego Transit Board Intrusions

An older community known as Walnut Hills in the San Marcos area was on the list to be the primary affected area for a new rail line that the North San Diego Transit Board sought to put together. For a long time, rumors circulated about the type of rail line to be built. However, the ultimate rail line ended up being a loop that involved a large amount of rail traffic. The lines featured a train passing by every six minutes, which caused considerable hardship to the home owners in Walnut Hills.

The noise of a rail line close to the affected homes was considerable, but this was not the only problem associated with this building project. As part of the construction project, the rail lines passed so close to the houses that the Transit Board had to take some of several home owners' land as part of the project. This involved sacrificing a portion of the financial value of each property, as well as the aesthetics of each property directly affected, through cutting out a portion of them. The compensation offered was of a level that a San Diego inverse condemnation attorney has to debate, even though the Transit Authority suggested that due to the proximity to the rail lines the properties would become more valuable.

Building Plan Alterations

The building project did not go as was originally planned. Despite the assertions of the Transit Board that the project would cause only a minimal amount of disruption to the home owners, one of the first aspects of the project became a change to the building plan. In addition to closing off access to Walnut Hills in one direction, the Transit Board also had to build a road with a cul de sac which involved taking a larger portion of the affected properties. This further diminished the value of the parcels beyond the closing off of some access and the fact that the neighborhood had to share space with regular diesel trains.

Dust Clouds, Vibrations and Excessive Noise

Rock crushers cause substantial vibrations to the surrounding areas, and Walnut Hills encountered a significant amount of rock crushing in preparation for the new rail line. This is a noisy process that vibrates the local area to an uncomfortable extent, and by extension can cause damage to homes. In addition to this, as the home owners' San Diego inverse condemnation attorney explained, there were dust clouds for much of the time that far exceeded the legal limits under environmental health codes. The affected families were breathing in large amounts of dust on a regular basis, and this was as a direct result of the building project.

Fair Compensation?

Their homes partially devalued, their noise levels increased greatly and large volumes of dust put in the air they breathed, these home owners sought fair compensation. The original amount the Transit Board offered was a paltry $2,000 per property. In cases such as this, seeking counsel from the Century Law Group can help benefit you by getting the compensation that you deserve.