Both the Taking Clause to the Fifth Amendment to the U.S. Constitution and Article 1, Section 19 of the California Constitution bar the government from taking private property for a public purpose without just compensation. Governmental takings come in two general categories. When the government acknowledges that it is taking private property, and formally starts a process to do so, this is called eminent domain. When the government takes action that a property owner thinks has damaged his or her property rights, and sues the government for compensation, this is inverse condemnation. The distinction between eminent domain and inverse condemnation boils down to who brings the lawsuit. If the government sues, it is eminent domain; if the property owner sues, it is inverse condemnation.
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Gibson Law, PC specializes in real estate, business litigation and bankruptcy law. We are located in Warner Center, just off the 101 freeway in Woodland Hills, California. We represent business owners, real estate investors, mortgage brokers, landlords, developers, contractors, homeowners and individuals. Most of our litigation practice is in Los Angeles Superior Court, although we also appear in U.S. District Court and in Superior Courts around the state of California. We also handle appeals before the California Court of Appeal. Our bankruptcy practice includes both debtor and creditor representation, consumer and business cases, Chapters 7, 13 and 11.
In practice since 1983, our principal, Richard Gibson, has taken several dozen civil cases to trial in California Superior Court, Arizona Superior Court and in U.S. District Court. He has won a number of six and severn figure verdicts and settlements for both plaintiffs and defendants. He has also confirmed a number of contested Chapter 11 plans. Mr. Gibson is a frequent writer and speaker on real estate and bankruptcy law topics.