Desmond, Nolan, Livaich & Cunningham
Mr. Livaich’s practice concentrates in eminent domain and inverse condemnation. His practice includes real estate litigation matters, and general trial practice. He has been selected for inclusion in Northern California Super Lawyers in eminent domain from 2008-2013. He was also selected as the Best Lawyers 2014 “Lawyer of the Year” in Eminent Domain and Condemnation Law.
He is a member of the American Board of Trial Advocates. He is an AV rated attorney by Martindale Hubbell. He is the immediate past president of the Condemnation Attorneys Group.
Mr. Livaich’s clients are primarily property and business owners. He has done some work for condemning public agencies such as the City of Folsom. Mr. Livaich has experience with a variety of real estate matters, including eminent domain, inverse condemnation, zoning, title, easements, access, interpretation of contracts, and the valuation of property, both real and personal. For over 30 years, his primary practice involves all aspects of eminent domain and inverse condemnation.
Mr. Livaich has represented clients in direct condemnation cases involving parks, highways, sewer projects, redevelopment projects, energy transmission projects, transportation corridor takes, transportation projects, easements, total takes, partial takes, water projects, damage to business goodwill in numerous counties in Northern California.
He has successfully prosecuted inverse condemnation cases against the United States in the Court of Claims and state and local government agencies in state court.
Most notably, Mr. Livaich represented property owners in the Linda Flood cases that arose out the levee break on the Yuba River that occurred in February of 1986 (Paterno v. The State of California). In Paterno it was established that the State of California was liable for violating the property owners’ Constitutional rights due to the breach in the levee of the Sacramento River Flood Control Project. He was plaintiffs liaison counsel in the coordinated proceeding that involved some 3000 claimants, was lead trial lawyer, and he was directly involved in the negotiations with representatives of the Governor’s office, the Attorney General’s office, and the Department of Water Resources that resulted in a settlement in excess of $464 million in damages paid to the damaged property owners. Mr. Livaich has testified in the legislature regarding flood protection and government liability and before the Little Hoover Commission.
Mr. Livaich represented the owners of Conaway Ranch and challenged the county’s right to take the 17,243 acre property. Ultimately, county abandoned the project and the Ranch is still in private ownership today.
Mr. Livaich assisted in drafting and finalizing eminent domain jury instructions, which are statements of eminent domain law read during an eminent domain trial.
Mr. Livaich is admitted to practice law before the Supreme Court of the United States, the United States District Court, Eastern District of California, Southern District of California, Northern District of California, and the United States Court of Claims.
“There is no such thing as a small eminent domain or inverse condemnation case. The protection and enforcement of fundamental constitutional rights is much too important” -Gary Livaich