Condemnation disputes

I have worked in disputes involving, among others, the following:

  • Valuation of assets taken
  • Valuation of enterprise
  • Partial taking – diminished rights of access
  • Project influence rule
  • Scope of project
  • Valuation of gas reserves
  • Challenge to public use
  • Best use dispute

Example engagements in condemnation

  • Land valuation in military base expansion, Arizona. Mediated a dispute over value of land in base expansion and conflict over “project influence” rule.
  • Asset valuation. Service as mediator in a dispute over the value to an irrigation district of the condemnation of land served and taxed by the District.
  • Land valuation. Service as a mediator in valuation of land taken by a City.
  • Valuation of gas reserves. Service as a mediator in a dissenting shareholder suit in which disputes arose over the appraisal value of oil and gas reserves.
  • Best use dispute. Service as trial counsel in a lawsuit and appeals there from in a suit over condemnation of mineral lands by an agency and the proper means and methods of valuing the lands to be taken.
  • Partial taking. Service as trial counsel in a lawsuit over the condemnation of lands and access thereto for transportation, including use of advisory opinions and other dispute resolution processes designed to reach agreement on the market value.
  • Land valuation. Service as trial counsel in the taking of and appraisal value of a parcel of land adjacent to a large commercial building.
  • Damage to land and crop production. Service as trial counsel and settlement counsel in disputes over the loss of value of lands in toxic tort cases.
  • Loss of surface in mineral taking for development. Service as trial counsel in condemnation cases over the value of the surface of land when the underlying mineral estate was taken for development.