A Recap of Nossaman's Presentation to IRWA Chapter 67: A Non-Attorney's Role in Condemnation
A Recap of Nossaman's Presentation to IRWA Chapter 67: A Non-Attorney's Role in Condemnation

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.

  • Jillian Friess Leivas
    Associate

    Jillian Friess Leivas focuses her practice on eminent domain and inverse condemnation, real property litigation and land use. She represents public agencies in large-scale infrastructure projects, including road, railway ...

  • Phyillis W. Macharia
    Associate

    Phyillis Macharia advises clients throughout the condemnation process, including precondemnation planning and negotiations, acquisition strategy, litigation and trial preparation. She conducts comprehensive legal ...

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Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.

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