Eminent Domain Report

Some of the biggest real estate disputes I’ve handled have started with a document that may be only a few paragraphs long: an easement. Easements are everywhere. Utilities use them for pipelines and transmission lines. Developers rely on them for access and infrastructure. Property owners inherit them when they buy property. And they’re often ignored—until somebody wants to do something the other side doesn’t like. And in eminent domain proceedings, public agencies and utilities oftentimes pay little attention to the easement terms or how broad or narrow they’ve ...

I’ve spent most of my career practicing in a relatively narrow corner of the law: eminent domain, inverse condemnation, and real estate litigation. That wasn’t necessarily the plan when I went to law school, but eminent domain chose me – I didn’t choose it. I’ve always been drawn to real estate—how property is used, what gives it value, and how seemingly small differences in location, access, zoning, improvements, or highest and best use can dramatically affect that value. Eminent domain cases bring all those issues together in a way that is both challenging and endlessly ...

Understanding the acquisition and condemnation process is essential to the successful delivery of infrastructure and public projects. Whether you're new to the right of way profession or simply looking for a refresher, join us for our upcoming webinar, "An Introduction to the Right of Way Acquisition and Condemnation Process," on October 6, 2026.

In our work representing public agencies and other project stakeholders, we regularly see how important it is for project teams to have a clear understanding of the acquisition and condemnation process. While right of way acquisition ...

When people think about eminent domain disputes, they usually think about appraisers, lawyers, depositions and trials. But I’ve found that many times the greatest impact on the ultimate cost of a case happens long before anyone files a complaint. That is true for both sides. For public agencies and utilities, an early project or acquisition decision can unintentionally create a much larger compensation claim. For property owners and developers, failing to understand the impact of a proposed acquisition early can mean losing opportunities to protect the property or improve the ...

Providing listeners a convenient and concise medium to access timely reports on important land use topics, Nossaman’s recent podcast offerings make a great addition to your professional playlist.

First, check out Nossaman’s own Digging Into Land Use Law podcast, which covers the development of all things in, on or above the ground. Recently, I recorded the episode “Valuation and Damages: Assessing COVID-19’s Economic Impact.” Changes in how businesses operate, restrictions on property use and reduced revenues brought on by mandated closures due to COVID-19 have had ...

Each year, the Counselors of Real Estate organization polls its members and thereafter releases a summary of the “Top 10 Issues Affecting Real Estate.” You can find the article here. 

As expected, COVID-19 dominated the headlines and ranked number 1 on the list of issues. Aside from the personal, emotional, and economic toll, COVID-19 raises serious questions about the future demand for real estate, and whether it will be reduced by the “virtual office” and preference for home entertainment? There is a huge question mark regarding how long social distancing will persist, and ...

For those of you involved in the transportation sector, we invite you to join us on Wednesday, June 3^rd for a discussion on planning, procurement and financing strategies that can be implemented now to support timely project delivery in the wake of the COVID-19 pandemic.  We are planning a very interactive webinar where ample time will be set aside to answer questions received from attendees both prior to and during the event.

Topics that will be covered include:

• How to prepare now to efficiently and effectively move projects forward
• Procurement and contracting strategies that enable ...

Thank you to all of our readers for helping to make me a JD Supra 2020 Readers' Choice Award recipient! Last year, more than 50,000 authors published their insights and commentary on JD Supra. I am proud to be recognized as one of the top thought leaders in 26 popular categories who achieved the highest visibility and engagement among readers. My fellow top real estate category authors and I were chosen from a pool of more than 2,700 writers covering real estate matters on JD Supra. 

JD Supra is a daily source of need-to-know intelligence on professional and personal matters. They publish and ...

We wanted to provide some timely articles for those of you in the eminent domain and valuation arena.

First, Brad Kuhn, the Chair of Nossaman’s Eminent Domain and Valuation Practice Group, was recently featured on the cover of the July/August 2018 issue of Right Of Way magazine—a publication of the International Right of Way Association.  Brad participated in an Industry Roundtable in the issue on leveraging the right of way professional in today’s fast-paced design-build world.  The  Roundtable examined the critical right of way component in infrastructure projects and how ...