Eminent Domain and Condemnation

The Firm has extensive experience in all aspects of Alabama eminent domain and condemnation law.

• We represent condemning agencies, including clients such as Alabama Power Company, Florida Gas Transmission Company, and others.
• We also have extensive experience representing land owners throughout the State of Alabama whose property is being condemned.
• We have been involved in Alabama condemnation cases involving highways, private access roads, historical sites, nature preserves, government buildings, billboards, power lines, storm water drainage, water and sewer lines, petroleum and natural gas pipelines, industrial complexes, compressor stations, urban renewal, urban redevelopment, airport expansions, college campus expansions, commercial office building acquisitions, convenience store (C stores) takings, underground gas storage rights, communication systems, regulatory takings, blight, and other types of matters.
• We have also represented and advised land owners and agencies with the power of eminent domain in inverse condemnation actions.

Memberships

Lawyers in the Condemnation and Eminent Domain practice area have received the following honors and recognitions:

• Fellowship in the American College of Trial Lawyers
• Fellowship in the American College of Real Estate Lawyers (ACREL)
• Owner’s Counsel of America
• Co-Chair of the American Bar Association, Section of Litigation, Condemnation, Zoning and Land Use Committee
• Best Lawyers in America
• Alabama Super Lawyers
• Alabama Law Institute, Real Estate Standing Committee

Fee Arrangements

The Firm can represent land owners on an hourly rate basis, but it is more commonly engaged to represent land owners on a contingency fee arrangement.  Our standard contingency fee contract provides that the Firm does not get paid a fee unless it recovers more than the condemning agency’s offer – the contingency fee is only based on the portion of the recovery that is above and beyond the offer amount.   

Notable or Recent Reported Cases

• Weeks v. Herlong, 31 So.3d 122 (Ala.Civ.App. 2009)
• Alabama Dept. of Transp. v. Williams, 984 So.2d 1092 (Ala. 2007)
• 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. 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 So.2d 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)

Selected Judgments and Settlements

(when the Firm represented the land owner)

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.  Each case is decided and evaluated on its own specific factual and legal circumstances.

Attorneys

John N. Leach, Warren C. Herlong, Casey Pipes, Christopher T. Conte