Eminent domain refers to the constitutional authority of governmental bodies (such as cities, counties and special districts) to acquire private property for a use that will benefit the public. (Under specific legislation eminent domain authority may also be granted to private corporations.) Sometimes a property owner and the government cannot agree on the price to be paid for the property. In that event, the government will file a lawsuit to acquire the property, a process known as "condemnation."
Our land use and condemnation lawyers understand the technicalities of condemnation law and relocation. Strict legal rules and guidelines apply to this process to ensure that the property owner is justly compensated. An appraisal used to determine the property’s value must comply with the Uniform Standards of Professional Appraisal Practice. Additionally, the acquisition and any relocation must be guided by the Uniform Relocation Assistance and Real Property Acquisition Policies, which govern relocation benefits.
Generally, the sole issue in a condemnation matter is the amount of compensation and damages, if any, to which a property owner is entitled. However, every condemnation presents its own unique set of legal issues, among them title questions, enforcement of covenants, the validity and scope of easements and what relocation benefits a property owner or business may be entitled to receive.
Garvey Schubert Barer is experienced in both negotiated and litigated eminent domain matters. We have represented clients, in both government and the private sector, in more than 100 mediations involving condemnation disputes. Whenever possible, we try to resolve disputes without litigation. But if litigation is the only option, you have access to experienced trial lawyers who can successfully take on this task.
Benafel v Williams Connector Gas Pipeline, LLC, 276 Or App 226 (2016). Court agreed that the Williams pipeline\easement allowed it to install additional facilities above ground.
Assisted in securing a favorable settlement for motel property owner in an eminent domain case.
State ex rel. Dept. of Transp. v. Singh, 257 Or. App. 322, 306 P.3d 745 (June 26, 2013) Linn County Circuit Court Case No. 110469; Oregon Court of Appeals Case No. A149566. Successfully challenged the Oregon Department of Transportation's failure to comply with the Condemnation Procedures Act. The Oregon Court of Appeals affirmed the trial court’s dismissal of the condemnation complaint.
News & Events
- GSB Newsroom, 7.11.17
- GSB Newsroom, 2.16.17
- Northwest Real Estate Forum , 10.12.17
- Speaking EngagementGleneden Beach, OR, 8.10.18
- “Adverse Possession? Prescriptive Easements? Here's the What, Where, When, Why, and How,” 2018 RELU Annual Summer ConferenceSpeaking EngagementGleneden Beach, OR, 8.10.18
- Panel DiscussionPortland, OR, 10.11.17
- "Condemnation Law: Updates, Tips and Traps," Oregon County Counsel Association 2017 Summer ConferenceSpeaking EngagementBend, OR, 8.3.17
- "Private Land Use Regulation Through CC&Rs: The Tension Between Private Interest and Public Policy," Oregon State Bar 2017 RELU Spring ForumSpeaking EngagementTigard, OR, 4.28.17
- "Preserving Forest Lands for Forest Uses: Oregon Land Use Policies for Forest Lands" Planning, Law, and Property Rights, Fifth International Conference, University of Alberta-Faculty of LawSpeaking EngagementEdmonton, Canada, 5.25.11
- "The Appraiser as Expert Witness," Eminent Domain: Current Developments in Condemnation, Valuation & Challenges Conference, The Seminar GroupSpeaking EngagementPortland, OR, 5.20.11
- "Negotiation Techniques in a Condemnation Case," Eminent Domain: Current Developments in Condemnation, Valuation and ChallengesSpeaking EngagementThe Benson Hotel, Portland, OR, 5.7.10
- "Effective Preparation of a Condemnation Case," Eminent Domain: Current Developments in CondemnationSpeaking EngagementWorld Trade Center, Portland, OR, 5.28.09
- "Condemnation Hot Topics," American Bar Association Section of State and Local Government LawSpeaking EngagementAudio Conference, 4.1.09
- "Mediating the Condemnation Case," Eminent Domain: Current Developments in Condemnation, Valuation and ChallengesSpeaking EngagementWorld Trade Center, Portland, OR, 5.28.08
- "Dispute Resolution and Land Use - Thinking Outside the Box When Negotiating Development Agreements, Eminent Domain Acquisitions and Measure 37 Claims," Oregon State Bar Real Estate and Land Use Section Annual MeetingSpeaking EngagementThe Riverhouse, Bend, OR, 8.10.07
- "Legislative Survey: Comparison and Contrast of State Legislative Actions," Eminent Domain National Conference: A Retrospective on KeloSpeaking EngagementFlamingo Hotel, Las Vegas, NV, 4.19.07
- State and Local Government Law, 8.5.11