Find Lawyers in Denver, Colorado for Eminent Domain and Condemnation Law
Practice Area Overview
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
Jody Harper Alderman grew up in Cedar Rapids, Iowa. She graduated from the University of Virginia in 1991 with a BA in History and a BA in Economics. Jody graduated from the University of Colorado School of Law in 1994, Order of the Coif. She was the Editor in Chief of the Law Review. She has been in private practice since 1994 and is currently a member/owner of the firm Alderman Bernstein LLC, where she practices in the areas of eminent domain and condemnation law and real estate-related lit...
Tom Dougherty represents a broad range of commercial, utility, energy, government, and private clients in litigation, regulatory, legislative, and real property matters. Tom has extensive experience in electric utility, clean energy, and infrastructure projects as well as permitting, land use, and eminent domain proceedings. As an attorney and an engineer, Tom brings a unique understanding of the technical and legal aspects of clients' projects and an effective problem-solving perspective.
Tim Gordon helps developers, contractors, and commercial real estate clients achieve optimal outcomes when planning projects and facing complex disputes. Dispute Resolution: Tim understands the interrelationship of real estate development, project construction, and long-term property management, and uses this knowledge when representing clients in litigation and arbitration. Avoiding Disputes: Tim also assists his clients avoid disputes by drafting construction and design contracts and relate...
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