Condemnation and Eminent Domain
The government has the authority to take private property by condemning it for any legitimate public use, including, for example, road expansion, community redevelopment, historic preservation, public housing projects and certain utilities. Challenging the alleged public use is rarely successful, yet parties regularly negotiate and litigate through trial and appeal the issue of just compensation and related damages.
Snell & Wilmer’s condemnation attorneys counsel both private property owners and governmental entities in eminent domain and land valuation matters in all phases of the proceedings. Our team has extensive experience in court with judges and juries, and in handling pre-condemnation entitlement review and analysis, conducting environmental and water rights audits, reviewing existing liens and working with engineers, appraisers, and relocation experts to maximize the end result and manage the tax consequences.
Our condemnation attorneys regularly handle, among other areas of service:
- Litigating business, industrial and residential takings through trial and appeal
- Managing experts including appraisers, engineers, land use and relocation specialists
- Zoning issues and applications
- Allocation hearings
- Statutory relocation claims and benefits
- Settlement negotiations
Our clients include property owners, developers, governmental entities, utilities, institutional lenders, commercial tenants, and general and subcontractors. Our attorneys have handled eminent domain, condemnation and inverse condemnation issues for a broad range of public use ventures, including highway expansion, light rail construction and expansion, and oil and gas pipeline projects.
Commitment to Our Clients: Snell & Wilmer’s condemnation attorneys collaborate proactively with appraisers, land planners, engineers, hydrologists, relocation and zoning experts in an effort to ensure the best possible result.
Comprehensive, Cohesive Services: Snell & Wilmer’s condemnation team is comprised of attorneys who contribute niche knowledge bolstered by real estate litigation experience obtained in construction litigation, environmental litigation, financial services litigation relating to bank collateral, landlord-tenant litigation, title litigation, water rights litigation and zoning litigation. We also work with our colleagues in other departments as necessary on unique bankruptcy, commercial finance, environmental, public utility, real estate, tax, trust and estate, and other issues arising in the condemnation proceedings.
