This practice is led by Jennifer A. Cranston, a recognized leader in the area of condemnation and property valuation. Jennifer’s experience representing governmental entities, developers, and private landowners enables her to anticipate tactics and arguments and provide clients with a balanced view of the issues to effectively resolve disputes.
Gallagher & Kennedy’s condemnation (aka eminent domain) and valuation practice includes acquisition and condemnation of property for public projects, inverse condemnation, landowner representation, and real estate valuation.
Under Arizona law, certain government entities have the power to acquire property and property-related rights for public purposes and projects, such as roadways, parks, utility lines, public buildings, and drainage. Entities with the right to condemn include the state, counties, cities, political subdivisions, public service corporations, and numerous special taxing districts.
We are well-versed in the state and applicable federal legal requirements necessary to exercise the power of condemnation and work with condemning entities to acquire property rights in a fair, timely, and cost-effective manner.
Legal services and resources provided to condemning entities include:
Not all condemnation cases are initiated by a government agency. Where the government has taken or infringed upon property rights without compensation as required by Arizona or federal law, the property owner may file an inverse condemnation claim against the offending agency.
Examples of inverse takings include:
We help protect our clients’ property by filing prompt notices with the necessary parties, responding to procedural notices, and identifying and evaluating potentially problematic legal or factual issues early in the representation.
The Arizona and United States Constitutions require that private property owners be paid just compensation for the taking of their property for public use. The Arizona Constitution goes further, providing just compensation when the government takes or damages private property. Just compensation is the amount of money that places the landowner in as good a position financially as he would have been in if his property had not been taken or damaged. Compensation is typically based on the fair market value of the property at the time of the taking or damage.
For property owner clients, we ensure that their private property rights are fully protected and that they are appropriately compensated under the law. We assist landowners in all stages of the condemnation process, including determining if a taking or damaging of property is legally permissible, analyzing appraisals, negotiating with the government entity for a pre-trial settlement, and, if necessary, defending our clients’ right to just compensation through trial and appeal.
Representative experience includes:
Understanding both the relevant valuation concepts and the evidentiary hurdles to proving value, our experience includes representing large land developers and private property owners in accurately assessing and realizing the fair market value of their property.
Some of the common cases requiring an experienced real estate valuation attorney are:
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In addition to legal knowledge and experience, Gallagher & Kennedy brings to each condemnation and valuation case an extensive network of real estate professionals and strong working relationships with others in the industry. These assets contribute to our impressive record of achieving successful results for clients in a cost-effective and time-efficient manner.