he Law Offices of Herman H. Fitzgerald (aka Fitzgerald Law Offices), a Professional Law Corporation, was incorporated by Herman H. Fitzgerald on November 1, 1968 following seven (7) years as a condemnation trial attorney with the Legal Department of the State of California, Division of Highways (now “Cal-Trans”). The firm consists of Herman H. Fitzgerald and his daughter, Christine C. Fitzgerald, as the attorney shareholders. The Martindale-Hubbell rating of the firm is “AV” (“very high”) as to the categories of legal ability and general recommendations. From inception, Fitzgerald Law Offices has exclusively specialized in eminent domain and inverse condemnation. With a total combined experience of over 70 years, the practice encompasses every aspect of condemnation litigation and appellate matters. Fitzgerald Law Offices represents both public agencies and private landowners in condemnation actions throughout California in State and Federal Courts for projects ranging from freeway and interchange, road widenings, redevelopment, coastal preservation, flood control, park and recreation, sewer, water and sanitation, pipeline, and various other infrastructure and utility projects. The practice handles public project pre-planning and pre-acquisition consultation on all issues associated with eminent domain acquisitions and litigation, including the California Environmental Quality Act (CEQA), contaminated land issues, real property, improvements and business goodwill valuation, relocation benefits, ownership and title issues, and property owner rights. In this regard, the firm has established long-standing working relationships with consultants and expert witnesses who contribute to the successful results brought to the firm’s clients.

erman H. Fitzgerald is regarded as one of the pre-eminent and leading eminent domain trial attorneys in the State of California. Before entering private practice in 1968, Mr. Fitzgerald began his career as a staff trial attorney for the Legal Department of the State of California, Division of Highways, now “Cal-Trans,” in the San Francisco Office where he tried freeway taking cases, including major interchange construction and acquisition.

In his present practice, for both public entities and private property owners, Mr. Fitzgerald has prepared well in excess of 1,000 condemnation cases for trial, both bench and jury, and has tried through to verdict and/or judgment in excess of 200 condemnation trials. The cases involved full takings and partial takings of both urban and rural properties, fee takings and easement takings, water system and water rights, putting into issue damages arising out of severance, business goodwill, cost to cure, zoning and pre-condemnation activities, in addition to compensation for the property being damaged and/or taken. The majority of the cases have been California Superior Court jury trials, with a significant number of Federal District Court and United States Court of Federal Claims cases. The properties have been situated in the following counties: Alameda, Amador, Contra Costa, Del Norte, El Dorado, Fresno, Humboldt, Kern, Kings, Lake, Madera, Marin, Mendocino, Merced, Modoc, Monterey, Napa, Orange, Placer, Riverside, Sacramento, San Benito, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Solano, Siskiyou, Sonoma, Stanislaus, Tulare, Ventura, Yolo, and Yuba.

Mr. Fitzgerald has appeared before the Public Utilities Commission and testified as an expert witness on condemnation matters including issues relating to public utility acquisitions and recovery of attorney fees. Mr. Fitzgerald lectures and participates in numerous seminars in the eminent domain/inverse condemnation field, covering issues such as the recently proposed changes in California eminent domain legislation prompted by the landmark United States Supreme Court decision of Kelo v. City of New London (545 U.S. 469 (2005)). He is a past member of the State Bar Committee on Condemnation Law and Procedure, having served as Chairman (1985-89), Vice Chairman (1988-89) and Secretary (1986-87); Finally, Mr. Fitzgerald has been involved with and participated in drafting legislation and conferring with and testifying before legislative committees involving California Eminent Domain Statutes, including the comprehensive statutory reform of the California Eminent Domain Law enacted in 1976.

hristine Fitzgerald joined her father’s practice in 1989, and her experience of almost 20 years covers every aspect of eminent domain litigation and trial matters, including coordination of all stages of condemnation for single parcel acquisitions to large-scale public works and redevelopment projects from inception. She provides project pre-planning and pre-acquisition counseling regarding the environmental process and CEQA issues from a condemnation standpoint in terms of right to take defenses or valuation problems. She works closely with land acquisition staff, including city/county planners and attorneys, public works’ directors, right of way agents, engineers, project managers, relocation specialists, appraisers, and conducts both closed session and public hearing presentations to public entity clients. As to both government and individual property owner, both direct and inverse condemnation actions, Ms. Fitzgerald has handled upwards to 450 cases, involving both negotiated transactions and Superior Court condemnation proceedings, including bench and jury trials. This includes initial filing and related matters, all law and motion and discovery relating to valuation and legal issues such as right to take defenses and determination of just compensation, public use and necessity issues such as land already appropriated to a public use (more necessary public use), restriction on acquisition of state park land, failure to comply with CEQA, abuse of discretion, and other issues such as precondemnation liability, regulatory takings, development dedications, conditions and fees, compensable property interests, loss of goodwill and special benefit, as well as all pre-trial, trial, post-trial and appellate matters (both writs and appeals). Her expertise further extends to redevelopment and housing authority law, and she provides consultation and assistance to the firm’s clients with on-going issues in these areas. Ms. Fitzgerald also acts as a hearing officer for Housing Authority formal grievance hearings.

Ms. Fitzgerald earned her B.A. Degree from Santa Clara University in 1984, and her J.D. Degree from McGeorge School of Law in 1987, during which time she interned for Justice John W. Holmdahl of the California Court of Appeal First Appellate District, Judge Milton Schwartz of the Federal District Court for the Eastern District of California, as well as for Assistant District Attorney Lillian Lee Port of the San Mateo County District Attorney's Office. For many years, Ms. Fitzgerald volunteered as an attorney coach for the California State Mock Trial Competition, a state-wide high school trial competition organized by the Constitutional Rights Foundation, a non-profit, community based organization dedicated to educating America’s youth about the importance of civic participation in a democratic society.