Eminent Domain Report

On September 8, 2026, we presented to IRWA Chapter 67 on "A Non-Attorney's Role in Condemnation," a program exploring the important contributions that project team members outside the legal department make to successful eminent domain proceedings.

The presentation emphasized that the most successful projects, those delivered on time and within budget, are achieved when all project stakeholders work collaboratively and maintain open lines of communication throughout the process. Early involvement by right of way professionals, project managers, engineers, appraisers, and legal counsel helps identify potential issues before they become larger challenges, reducing delays and supporting a smoother condemnation process.

The value of non-attorney participation is especially evident during the pre-condemnation phase, when the factual, technical, and project-specific record, that will later support the legal action, is being developed. For example, early identification by a right of way professional of multiple ownership interests, coupled with coordination among engineering, survey, appraisal, and legal teams, can help confirm the proper acquisition area, ensure that the appraiser is valuing the correct property interest, and enable counsel to prepare accurate pleadings and exhibits. This type of early, cross-disciplinary coordination reduces the risk of disputes that could otherwise delay possession or impede project delivery. In this way, the work performed by non-attorney team members does more than advance project planning; it helps build the evidentiary record needed to support the agency’s public use, necessity, valuation, and possession positions if condemnation becomes necessary.

For agencies and utilities interested in a deeper dive into eminent domain and right of way best practices, Nossaman is available to provide customized in-house training programs tailored to their organizations' needs.