Legal Question in Civil Litigation in California
Freeway Noise
A new freeway has opened a year ago about 3 blocks from the back of our house. There is a short area (about 100 yards) that has no sound wall and traffic is exposed to the back of our home. The sound is like a freight train going by all day and night. We can't sleep well at night and it certainly affects the value of our house. We'd like them to put up a sound wall along that stretch (as is often done on freeways) or other mitigative action. What recourse do we have? (We have written a letter to our state senator also). Thank you very much.
3 Answers from Attorneys
Re: Freeway Noise
Your ultimate action is to sue the appropriate governmental agency for what is known as inverse condemnation, that is although the government could have gone ahead and condemned your property for the public use, they did not, and did not compensate you for the "taking" of your property in substance. You, in effect, force them to condemn the property and compensate you for the market value of your home. You probably had no intention of selling your home, but the condemnation power of the government makes that decision for you. Now, at least, get the real market value of the property. That is what you can and should do.
Re: Freeway Noise
May pursue action for inverse condemnation. Need to know much as to when you purchased your house, when highway in, what prior owner knew if you just purchased, etc. etc. In addition to governmental agency may have other action depending on answers to those and other questions.
Re: Freeway Noise
An inverse condemnation action may force the sound wall at a minimum. Monetary damages are also available. Call me directly at (619) 222-3504.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
