Eminent Domain

Represented a large, privately owned water utility company in Montana in an eleven day "right-to-take" condemnation trial, and subsequent six day "valuation" trial. Obtained judgment of $88.6 million plus attorney's fees – far above the condemnor's proof at trial of a $45 million value.

Settled an eminent domain matter on behalf of a fast food restaurant corporation involving a corner interstate site in Clayton County in metro Atlanta. The Georgia Department of Transportation (GDOT) condemned the principal access to the site, thus decreasing the value of the property. The GDOT paid $2.3 million pursuant to the consent judgment to conclude the settlement, which represented a 200 percent increase over the original sum offered by the GDOT.

Represented hotel developer in a year-long effort to counter the City of Knoxville's attempted takeover in conjunction with the construction of a new convention center. City abandoned the condemnation effort. Client's property, a $30 million hotel facility situated in the center of the city, is positioned to be the official convention center hotel.

Obtained a $20.3 million verdict on behalf of a privately owned water utility company in a five-day jury trial, in which a municipality sought to take the water utility through eminent domain. The verdict was over 200 percent of the $9.5 million valuation advocated by the municipality at trial.

Settled condemnation for taking of right of way for access road constructed for new automobile assembly plant in west Georgia. Settlement was for $1.3 million dollars which is a 228 percent increase over the GDOT pay-in to court.

Successfully mediated an eminent domain matter for an internationally-owned convenience store chain in north Georgia. The case involved a partial loss of access that would cause the site to be unusable as a convenience store. The case settled for $1,075,000, which represented a 142 percent increase over GDOT's original pay-in to the court upon filing the declaration of taking.

Settled major condemnation for national trucking firm in Savannah. Settlement involved substantial plan revisions avoiding taking of office building and land locking of property. In addition funds of $1.5 million were paid for property taken and for consequential damages and mitigation expense.

Tried a business loss and real estate condemnation case in west Georgia. After a nine-day trial obtained a jury verdict resulting in a recovery of $1.9 million dollars which represented a 100 percent increase over sums paid into court by the GDOT. The case involved a taking of property from and damage to a warehouse distribution company.

Represented the state court appointed receiver of the Jefferson County, Alabama wastewater system, the largest municipal wastewater utility in Alabama with 144,000 customers.

Represented a real estate investment and development company in an eminent domain action filed by Metropolitan Development and Housing Agency in Nashville, Tennessee, to acquire 5.1 acres of property owned by the company for the construction of a new convention center. The jury awarded our client $30.4 million ($15.6 million more than the government offered).

Represented a Tennessee electric power board in two actions instituted by a national cable company and the state cable trade association to block their entry into the internet and cable television business. Both cases were summarily dismissed and affirmed on appeal.

Represented New Hampshire water utility in a condemnation action filed by the City of Nashua, New Hampshire. The New Hampshire Public Utilities Commission valued the 25,000 customer water system at $203 million (approximately $8000 per customer) and awarded an additional $40 million in severance damages. In March 2010, the New Hampshire Supreme Court affirmed the entire valuation award.

Represented a California water utility in a condemnation action filed by the San Lorenzo Valley Water District. The utility's Felton water system fair market value was set at $13.4 million (approximately $10,300 per customer).

Represented publicly held water company in opposing City of Chattanooga's plan to initiate an expedited condemnation proceeding and pay only a fraction of the fair market value of the local subsidiary. The case involved the following: A Public Records Act lawsuit to compel production of the financial reports on which the City relied to substantiate the economic viability of the takeover attempt; a parallel suit contesting the City’s authority to condemn based on a prior perpetual franchise granted to the company by the State; and an injunction against the condemnation proceeding while the franchise case was pending. Community pressure, coupled with legal victory after victory for the water company, ultimately convinced the City to abandon its condemnation attempt.

Successfully thwarted two separate efforts by the City of Knoxville, Tennessee to condemn property owned by local private businesses.

Secured a favorable jury verdict in a condemnation case in a northern metro Atlanta county in which the client, a petroleum realty investor, was awarded a sum 300 percent greater than that testified to by the experts for the GDOT.

Negotiated a settlement for owners of a vacant tract of land who had a portion of their property condemned by the GDOT; settlement was a 3,266 percent increase over what the GDOT paid into court.

Represented gas distribution company in threatened takeover attempt of gas distribution system in Morristown, Tennessee. Successfully negotiated with the City to abandon its condemnation effort and to award the company a new 20-year franchise. Also negotiated five new franchise agreements across the state on behalf of the distribution company.

Defended beer distributor in condemnation suit by City of Knoxville. After initial depositions, City dismissed suit and paid all attorneys' fees and expenses incurred in defending the suit. After suit was dismissed, Baker Donelson negotiated sale of the same property to the City, and the client received a $2 million premium.

Negotiated a 743 percent business loss compensation increase over the Georgia Department of Transportation's initial offer for the total taking of a convenience food store with a retail fuel sales tenant's business.

Negotiated a $2.550 million settlement for a nationally-traded REIT in an eminent domain case involving damage to a property under lease as an auto dealership, with the settlement representing a 252 percent increase over the sum originally paid into court by the Georgia Department of Transportation.

Received a jury verdict awarding a 429 percent real estate compensation increase over the Georgia Department of Transportation's initial offer for the partial taking of a vacant agricultural tract. The verdict was affirmed by the Georgia Court of Appeals and finalized by the Supreme Court of Georgia upon the unanimous denial of a writ of certiorari, resulting in total award exceeding $1 million.

Negotiated a $2.3 million settlement in a condemnation case on behalf of a large convenience store operator, with the settlement representing a 125 percent increase over sums the Georgia Department of Transportation had deposited with the court.

Negotiated a 340 percent real estate compensation increase over the Georgia Department of Transportation initial offer for the partial taking of an interstate-oriented driving range/recreational facility.

Negotiated a 153 percent real estate compensation increase over the Georgia Department of Transportation's initial offer for the partial taking of a national fast food chain restaurant.

Negotiated a 181 percent combined real estate/business loss compensation increase over the Georgia Department of Transportation's initial offer for the total taking of a convenience food store with a retail fuel sales tenant's business.