Your Heart Is, So Only
Settle For The Best”
Envision receiving a letter from the County of Los Angeles telling you they have plans to run a train straight through your living room to make L.A more accessible for its citizens. Now, you’re as considerate and sympathetic to the needs of people taking public transportation as the next person, but something about this doesn’t sound right – the part about the train barreling through your living room. This all too common phenomenon is called Eminent Domain, and it’s our Government’s right to take over land they deem better suited for public use. To handle a situation like this you’re going to need a really smart Lawyer to work on your behalf – someone very analytical, as in a “Rocket Scientist.”
For this, Attorney Nick Hornberger is about as close as you’re going to get, having graduated from UC Berkeley as a Chemistry Major before getting his Law Degree from the University of San Francisco. His Firm has received jury verdicts for clients ranging from 21 million dollars in a Business fraud case, to 33 million dollars against O.J. Simpson by his partner, Attorney Mike Brewer, who represented Ron Goldman’s mother, Sharon Rufo, in a civil suit. On the top floor of his spacious downtown office, with its picturesque view of the streets of Los Angeles below, Attorney Hornberger and I talked about his 35 years as a Business Litigator, and the reality of Eminent Domain.
HW: “When did you first get involved with cases involving Eminent Domain?
” ATTORNEY NICK HORNBERGER: “Well, it started on a very personal level when I was the President of the Home Owners Association in Rolling Hills. A competing Government Agency wanted to put an ‘information tower’ literally in the middle of one of our streets – and in front of the home of one of our residents – and an Attorney who later came and worked at my firm, Bill Driscoll, was handling the case for us, so I got a firsthand look at Eminent Domain in action.”
HW: “How do you fight against things that really aren’t on your property, but somehow affect it?”
ATT. HORNBERGER: “It’s called Inverse Condemnation. I’ll give you an example: I represented a client who owned a sound studio on Lankershim Blvd. in North Hollywood, Schnee Studios – this is where Natalie Cole recorded her single “Unforgettable” that they mixed with Nat King Cole’s original version. When Metro Rail was building their subway in front of my client’s business, the sound could be heard inside his soundproofed studios, which meant he couldn’t record albums as effectively as he had before, so Metro settled with us because we proved they were directly affecting his income.”
HW: “So, how does it work when you get notice that Uncle Sam wants your home?”
ATT. HORNBERGER: “The first thing you should know is that if the Government wants you to move, they have to pay you – but you don’t have to take the first offer they make. You’re entitled to get the fair market value of the highest and best use of your property. So, you should talk to an Attorney because there are set procedures that govern the appraisal of your property.”
HW: “This may sound like a naive question but – they won’t offer you what your property is actually worth?”
ATT. HORNBERGER: “The way it usually works is you’ll be dealing with Relocation Agents, who are private companies hired by Government Agencies, so whether or not they’re always as upfront and forthcoming as they should be, I can’t say, but you don’t have to accept anything right away. The first thing I do with my clients is get them a true and accurate appraisal of their property, and many times I have to be very creative in my methods for getting my clients fairly compensated.”
HW: “That’s where your analytical thinking comes into play.”
ATT. HORNBERGER: “That, and of course, years and years of trial experience…”
When Attorney Hornberger was 11, his 8 year-old sister interviewed him for a school project; she asked what he wanted to be when he grew up, and he replied: “A lawyer.” Att. Hornberger tells me he doesn’t remember exactly why he wanted to be a lawyer at such an early age. Perhaps it was a premonition – what he does know is that he always wanted to help affect people’s lives in a positive way, and in this, 11 year-old Nick proved he was right on the money…
(213) 488-1655 EMINENT DOMAIN NICK HORNBERGER