Holland & Hart has one of the largest and most diverse eminent domain practices in the Intermountain West.

We regularly handle large, complex condemnation matters for pipeline companies, energy and natural resource companies, property and business owners, developers, utilities, governmental entities, and quasi-governmental entities. Our team is made up of highly capable, experienced eminent domain attorneys throughout our footprint in the Rocky Mountain West.

Pre-Condemnation Preparation

We counsel clients on the development of pre-condemnation strategies. These strategies include analyzing the availability and applicability of eminent domain laws and their limitations, counseling our clients on the details of pre-condemnation requirements, planning condemnation timelines that consider the client’s goals and statutory requirements, and preparing forms to assist our clients in pre-condemnation activities. We have experience drafting permanent and temporary easements, subordinations, consents, and crossing agreements, as well as other documents for special situations, such as licenses and deeds. We work with right-of-way agents to facilitate an understanding of negotiation requirements and the condemnation processes to increase the likelihood of successful negotiations and land acquisitions without litigation.

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Eminent Domain Client Results

Agricultural
  • We represented an agricultural business in a jury trial that resulted in a verdict establishing easements rights for the business and recovery on an intentional interference claim.

Electrical Transmission
  • We represent a variety of electrical transmission companies, including companies involved in the development of renewable energy technology. We assist these companies with the acquisition of rights-of-way throughout the Mountain West region, including rights-of-way that run across multiple states. For example, we represented utilities in disputes over easements for underground utility facilities.

Highways & Arterials
  • We represented a state transportation department in its condemnation to expand and improve an interstate interchange, obtaining summary judgment against the majority of the landowners' $7 million damage claim, leaving virtually no damages for trial. The state’s Supreme Court upheld the decision, and we established new law in the state that damages for loss of visibility were not compensable.

  • We represented a highway district condemnor in acquiring more than 100 separate homes and businesses, including whole and partial takes, in over 45 separate actions for a new road and over 55 separate actions for the widening of three arterial roads.

  • We represented a state transportation department in a dispute over what was one of the state’s largest highway construction projects.  We obtained dismissal of the landowner’s multi-million dollar claim, a valuation in the exact amount of our client’s valuation figure, and a precedential order requiring the landowner to pay our client’s litigation costs—as the condemnor.

  • We successfully represented a condemnor in its acquisition of several acres for a highway bridge and another condemnor in its acquisition of all property required for an overpass.

Pipelines
  • We represented a natural gas and natural gas liquids company in its condemnation work for a 600-mile pipeline through Montana, Wyoming, and Colorado.

  • We represented El Paso Natural Gas in its acquisition of renewal of rights-of-way from the Navajo Nation for the El Paso Southwest Pipeline.

  • We represented Kinder Morgan in its condemnation of rights-of-way for the Hiland Pipeline from North Dakota to Colorado. One of our partners was responsible for all legal issues—including easement acquisition and condemnation—related to a two-state pipeline expansion project during a secondment at Suncor Energy (U.S.A.) Inc.

Property & Business Owners
  • We represented an owner whose property was taken for the Southern Delivery System pipeline project and obtained an award that was 1663% higher than Colorado Springs Utilities’ last written offer. 

  • We represented an owner whose property was taken for the FasTrack project and obtained an award that was 260% higher than RTD’s last written offer.  

  • We represented an owner whose property was taken for construction of an underground clearwell water storage facility and obtained an award that was 155% higher than the City’s initial offer.

  • We represented an owner whose property was taken for widening a highway and obtained an award that was 130.3% higher than the condemnor’s last offer. 

  • We have represented clients in multiple successful administrative appeals of CDOT payment determinations under the Uniform Relocation Act related to the T-Rex project.

  • We represented a client whose property was condemned to widen a roadway, which resulted in a favorable verdict following a trial before a panel of three commissioners that involved complex appraisal and condemnation issues.

Railroads
  • In the largest railroad expansion in the United States in the past century, we secured access for all required survey activities, advised our client in negotiations for surface access and the purchase of related easements, and worked with multiple federal, state, and local agencies to guide our client through the permitting process.

Water
  • We represented the upstream owner of a private water system which the City of Missoula condemned through eminent domain.  The client obtained a compensation award at the valuation trial that was $38.6 million more than what the City was offering.  

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One of nine firms nationwide named in 2017 by leading legal decision makers for “standout collaboration”

Recognized in Best Lawyers® and Chambers USA

Holland & Hart attorneys have consistently been recognized by Best Lawyers® and Chambers USA for providing quality, full service representation

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