Eminent Domain and CondemnationWarren Herlong, John Leach and Casey Pipes all have extensive experience in the field of eminent domain and condemnation practice. The Firm has represented both condemning agencies and land owners in these types of cases.
Types of Cases
The Firm's condemnation cases have involved inverse and direct takings pertaining to: highways, private assess roads, historical sites, nature preserves, government buildings, billboards, power lines, water drainage, water and sewer lines, petroleum and natural gas pipelines, industrial complexes, compressor stations, urban renewal, airport expansions, college campus expansions, office building acquisitions, communication systems, regulatory takings and blight.
Instructors
Warren is a designated instructor for the California-based International Right of Way Association for Course 803, Eminent Domain Law Basics for Right-of-Way Professionals and the Alabama Real Estate Commission, Continuing Education Instructor. Warren and Casey have been approved by the Alabama Real Estate Commission as continuing education instructors, and they have written and presented various continuing legal education seminars for attorneys, real estate appraisers, and probate judges.
Eminent Domain Trial Experience
The Firm has handled well over 1,000 hearings, trials, and arguments at the various stages of the State Court and Federal Court condemnation proceedings. The Firm's practice area includes the entire state of Alabama, and we have handled condemnation cases in Huntsville, Florence, Madison, Russelville, Anniston, Birmingham, Tuscaloosa, Helena, Arab, Trussville, Montgomery, Selma, Dothan, Grove Hill, Creola, Mobile, Bay Minette, Foley, Fairhope, Gulf Shores and Butler, Alabama.
Government Service
Warren formerly served as a Special Assistant Attorney General to the Alabama Department of Transportation and the Alabama Historical Commission and performed agency based condemnation work for those entities.
Presentations on Eminent Domain and L and Value Litigation
Some of the planned and recent presentations given by the Firm in this area are:
- Lorman Education Services, "Law of Easements: Legal issues and Practical Considerations in Alabama", April 27, 2005, Mobile, Alabama (Warren Herlong and Casey Pipes).
- Lorman Education Services, "Eminent Domain in Alabama", March 29, 2005, Montgomery, Alabama (Warren Herlong).
- National Business Institute, "Road and Access Law In Alabama: How to Research and Resolve Access Disputes", March 15, 2005, Mobile, Alabama (Warren Herlong and Casey Pipes).
- American Law Institute-American Bar Association (ALI-ABA), "Eminent Domain and Land Valuation Litigation" January 6-8, 2005, Miami, Florida. (Warren Herlong)
- International Right of Way Association. "Current Issues in Condemnation," August 6, 2004, Gulf Shores, Alabama (Warren Herlong).
- Alabama State Bar, Environmental Law Section, "Current Issues In State and Local Condemnation Actions," June 5, 2004, Point Clear, Alabama (Warren Herlong).
- Lorman Education Services, "Eminent Domain: Handling A Partial Takings Case on Behalf of An Owner," February 18, 2004, Birmingham, Alabama (Warren Herlong).
- Alabama Bar Institute for Continuing Legal Education "Eminent Domain: Handling A Partial Takings Case on Behalf of An Owner," October 10,2003, Birmingham, Alabama (Warren Herlong).
- Lorman Education Services, "Handling A Condemnation Case From the Owner's Perspective," February 20, 2003, Birmingham, Alabama (Warren Herlong).
- Alabama Bar Institute for Continuing Legal Education, "Expert Witnesses: Selection of and Working with Appraisers and Other Experts," October 11, 2002, Birmingham, Alabama (Warren Herlong).
- ABA Annual Meeting, Section of Real Property, Probate and Trust Law, "Damages to the Remainder - Loss of Parking Spaces," August 10, 2002, Washington, DC. (Warren Herlong).
- American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation, "Damages to the Remainder - Loss of Parking Spaces,", January 10-12, 2002, Scottsdale, Arizona (Warren Herlong).
- Alabama Bar Institute for Continuing Legal Education, "Handling a Condemnation Case From the Owner's Perspective," October 12, 2001, Birmingham, Alabama (Warren Herlong).
- CLE International, "Expert Witnesses: Selection of and Working with Appraisers and Other Experts," September 21, 2001, Atlanta, Georgia (Warren Herlong).
- ABA Annual Meeting, Section of Real Property, Probate and Trust Law, "Expert Witnesses: Selection of and Working with Appraisers and Other Experts," August 5, 2001, Chicago, Illinois (Warren Herlong).
- International Right-of-Way Association, "Alabama Eminent Domain Code Considerations for the Right-of-Way Professional: Eminent Domain Law Basics for Right-of-Way Professionals," May 8, 2001, Mobile, Alabama (Warren Herlong).
- Shelton State Community College, "Alabama Eminent Domain Considerations for the Appraiser," February 1, 2001, Tuscaloosa, Alabama (Warren Herlong).
- American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation: "Expert Witnesses: Selection of and Working with Appraisers and Other Experts" and "Trial Tactics," January 4-6, 2001, Coral Gables, Florida (Warren Herlong).
- Samford University, Cumberland School of Law, "Hot Topics" in Civil Litigation: "What Every Litigator Needs to Know About Condemnation," December 15, 2000, Mobile, Alabama (Warren Herlong).
- The Alabama Chapter of The Appraisal Institute, "Alabama Eminent Domain Considerations for the Appraiser," October 27, 2000, Huntsville, Alabama (Warren Herlong).
Memberships
American Bar Association - The Chicago-based American Bar Association has a 60,000-member Section of Litigation of which Warren served in 1999 through 2002 as Co-Chairman of the Committee on Condemnation, Zoning and Land Use.
Owners' Counsel of America - OCA is a national organization of Eminent Domain trial lawyers primarily representing owners. Warren has been selected as the representative from the entire State of Alabama.
Alabama Law Institute, Real Estate Standing Committee, Warren serves as the Eminent Domain/Condemnation Representative.
American Bar Association, Section of Real Property, Probate and Trust Law, Committee on Condemnation (Warren Herlong and Casey Pipes).
American Bar Association, Section of State and Local Government, Committee of Condemnation (Warren Herlong and Casey Pipes).
International Right-of-Way Association, Alabama Chapter (Warren Herlong and Casey Pipes).
Alabama State Bar Association, Real Property and Environmental Law Sections.
Appraisal Institute, Affiliate Member (Warren Herlong).
Petroleum and Convenience Marketers of Alabama, Associate Member (Warren Herlong).
Reported Decisions
Some examples of reported condemnation related decisions in which the Firm participated are as follows:
- State V. Howington, 859 So. 2d 1093 (Ala. 2002)
- Ex parte Tuscaloosa County, 825 So. 2d 729 (Ala. 2001)
- Sustainable Forests, L.L.C. v. Alabama Power Co., 805 So. 2d 681 (Ala. 2001)
- State v. Armstrong, 779 So. 2d 1211 (Ala. Sept. 1, 2000)
- Pace v. The Utilities Bd. Of the City of Foley, 752 So. 2d 510 (Ala. Civ. App. 1999)
- City of Foley v. McLeod, 709 So2d 471 (Ala. 1998)
- Town and Campus Apartments, Inc. v. Kemp, 548 So. 2d 436 (Ala. 1989)
- Thiry v. State, 480 So. 2d 1243 (Ala. Civ. App. 1985)
Authorships and Publications
Warren is author of the State of Alabama Chapter of the International Right-of-Way Association's quarterly publication on, "Recent Significant Alabama Legal Decisions in Eminent Domain."
Warren is author of "Working with Appraisers in Condemnation Cases" published in the American Law Institute - American Bar Association's bi-monthly publication, The Practical Real Estate Lawyer.
Warren and Casey co-authored "Damages to the Remainder--Loss of Parking Spaces in Condemnation Actions" published in the American Bar Association's publication, Probate and Property.
Recent Selected Jury Verdicts and Settlements (when the Firm represented the land owner):
| Verdicts | | DATE | LOCATION | OFFER | RECOVERY | | September 2006 | Auburn/Opelika, AL | $263,200.00 | $2,165,844.00 | | July 2006 | Florence, AL | $124,200.00 | $489,379.09 | | January 2006 | Florence, AL | $141,400.00 | $522,987.04 | | May 2005 | Mobile, AL | $137,400.00 | $511,746.00 | | March 2004 | Bay Minette, AL | $58,800.00 | $178,350.00 | | August 2002 | Huntsville, AL | $213,700.00 | $595,105.00 | | June 2002 | Huntsville, AL | $500.00 | $28,217.00 | | May 2002 | Tuscaloosa, AL | $147,404.00 | $379,453.00 | | Settlements | | DATE | LOCATION | OFFER | RECOVERY | | March 2004 | Huntsville, AL | $367,500.00 | $1,650,000.00 | | March 2004 | Huntsville, AL | $57,850.00 | $300,000.00 | | August 2002 | Fairhope, AL | $609,900.00 | $874,200.00 | | April 2002 | Anniston, AL | $71,580.00 | $118,290.00 | | August 2001 | Tuscaloosa, AL | $30,600.00 | $99,900.00 |
The firm does not offer any guarantee of case results. The above illustrations, though based upon cases handled by the Firm, should not create any expectation that a similar result can be obtained for others without reference to the specific factual and legal circumstances of each particular case. |
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