Contact Us: (251) 432-5521

Warren C. Herlong, Jr.

Phone: (251) 432-5521
Fax: (251) 432-0633
Email: wch@helmsinglaw.com

PROFESSIONAL EXPERIENCE

Decades of hard work and success have earned Warren Herlong a stellar reputation in the fields of eminent domain, condemnation and land valuation litigation.

EDUCATION

University of Edinburgh, Scotland 1977-1978, Diploma of Roman Law
University of Virginia School of Law, Charlottesville, Virginia 1971-1974, Juris Doctor Degree
University of Alabama, Tuscaloosa, Alabama 1966-1970, Bachelor of Arts Degree

BAR ADMISSIONS

United States Supreme Court
United States Court of Claims
United States Courts of Appeal for the Fifth and Eleventh Circuits
United States District Court for the Southern, Middle, and Northern Districts of Alabama

MARTINDALE-HUBBELL RATING

AV Preeminent

TEACHING ACTIVITIES
  1. In November, 2006 and in April, 2010, Warren served as co-chairman and a speaker on a two day CLE International seminar in Birmingham, Alabama devoted to Alabama eminent domain and condemnation practice for right of way professionals, real estate appraisers and attorneys from throughout Alabama.
  2. Instructor, International Right of Way Association: Course 803, Eminent Domain Law Basics for Right-of-Way Professionals.
  3. Instructor, Alabama Real Estate Commission: Courses, 158 Eminent Domain and 191 Law of Easements.
PUBLICATIONS
  1. How to Depose an Opposing Appraiser (With Deposition Questions)@ published in the American Bar Association’s publication, The Practical Real Estate Lawyer, January 2007.
  2. Damages to the Remainder–Loss of Parking Spaces in Condemnation Actions@ published in the American Bar Association’s publication, Probate and Property, May/June 2003.
  3. Working with Appraisers in Condemnation Cases@ published in the American Law Institute – American Bar Association’s bi-monthly publication, The Practical Real Estate Lawyer, November 2001.
  4. Warren authors the recent significant legal decisions portion of the State of Alabama, Chapter 24, International Right of Way Association newsletter.
SPEECHES
  • Presentation to the Petroleum and Convenience Marketers of Alabama Association at its December 7, 2011 meeting in Birmingham concerning eminent domain and inverse condemnation issues of interest to convenience store owners and operators.
  • American Law Institute-American Bar Association, Condemnation 101, Panel, “How the Case was Won: Practice Tips from Experiences Eminent Domain Practitioners”, February 5, 2010, Scottsdale, Arizona.
  • CLE Alabama, 2009 Real Estate seminar, “Probate Court Commissioners Hearing Strategies in Eminent Domain Cases from the Owner’s Perspective”, October 23, 2009, Birmingham, Alabama.
  • American Law Institute-American Bar Association, Condemnation 101, “Where to draw the line between a permissible and impermissible basis for valuation opinion.” January 3-5, 2008, San Francisco, California.
  • Lorman Education Services, “Eminent Domain in Alabama-What you should know about handling a Condemnation Case from the Owner=s Prospective”, April 18, 2007, Birmingham, Alabama.
  • Alabama Probate Judges Orientation and Conference, ACondemnation Practice and Procedure in Probate Court@. Law Center, Tuscaloosa, Alabama January 24-26, 2007.
  • American Law Institute-American Bar Association, Condemnation 101, Fundamentals of Condemnation Law and Land Valuation, Valuation Methodology Practice: Working with Valuation Witnesses (Engineers, Land Planners, Accountants and Real Estate Appraisers) and Mixed Questions of Law and Fact that Frame Valuation Issues (Parent Tract, Highest and Best Use, Scope of the Project, Threat of Condemnation, Date of Value) January 4-6, 2007, Miami, Florida.
  • American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation, How Do the Condemnor’s Taking Documents Limit the Post-Taking Use of the Property by the Condemnor? January 4-6, 2007, Miami, Florida.
  • Mobile Bar Association Women Lawyer’s, What you should know about handling a Condemnation Case from the Owner’s Perspective, November 7, 2006, Mobile, Alabama.
  • Mobile Bar Association Probate CLE Seminar, Condemnation Practice and Procedure in Probate Court, October 20, 2006, Mobile, Alabama.
  • Annual Meeting Chapter 24 IRWA, AAlabama’s Response to KELO, July 28, 2006, Gulf Shores, Alabama.
  • Lorman Education Services, “Eminent Domain in Alabama-Handling A Partial Takings Case,” July 11, 2006, Mobile, Alabama.
  • Lorman Education Services, “Eminent Domain in Alabama-What you should know about handling a Condemnation Case from the Owner’s Perspective,” April 12, 2006, Birmingham, Alabama.
  • Lorman Education Services, “Eminent Domain in Alabama-What you should know about handling a Condemnation Case from the Owner’s Perspective,” March 28, 2006, Montgomery, Alabama.
  • American Law Institute-American Bar Association, Condemnation 101, Fundamentals of Condemnation Law and Land Valuation, Discovery- Taking the Deposition of Opposing Appraiser and How Compensation is Determined When the Highest and Best Uses or Per Unit Values are not uniform throughout the Property, January 5-7, 2006, San Diego, California.
  • 40th Annual Municipal Management Training Institute for City Clerks and Administrators, Perdido Beach Resort, November 16-18, 2005, Orange Beach, Alabama.
  • Alabama Bar Institute for Continuing Legal Education Eminent Domain: Handling A Partial Takings Case on Behalf of An Owner, October 14, 2005, Birmingham, Alabama.
  • 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, Eminent Domain and Land Valuation Litigation, What Constitutes the Parent Tract for Purposes of Ascertaining Value and Damages? – A Primer for Shaping Your Case By Shaping the Parent Tract, January 6-8, 2005, Miami, Florida.
  • International Right of Way Association. Current Issues in Condemnation, August 6, 2004, Gulf Shores, Alabama.
  • Alabama State Bar, Environmental Law Section, Current Issues In State and Local Condemnation Actions, June 5, 2004, Point Clear, Alabama.
  • Lorman Education Services, AEminent Domain: Handling A Partial Takings Case on Behalf of An Owner, February 18, 2004, Birmingham, Alabama.
  • Lorman Education Services, “Handling A Condemnation Case From The Owner’s Perspective,” February 20, 2003, Birmingham, Alabama.
  • Alabama Bar Institute for Continuing Legal Education, “Expert Witnesses: Selection of and Working with Appraisers and Other Experts,” October 11, 2002, Birmingham, Alabama.
  • American Bar Association Annual Meeting, Section of Real Property, Probate and Trust Law, “Damages to the Remainder – Loss of Parking Spaces,” August 10, 2002, Washington, DC.
  • 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.
  • Alabama Bar Institute for Continuing Legal Education, “Handling a Condemnation Case From the Owners’ Perspective,” October 12, 2001, Birmingham, Alabama.
  • CLE International, “Expert Witnesses: Selection of and Working with Appraisers and Other Experts,” September 21, 2001, Atlanta, Georgia.
  • American Bar Association 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.
  • 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.
  • Shelton State Community College, “Alabama Eminent Domain Considerations for the Appraiser,” February 1, 2001, Tuscaloosa, Alabama.
  • American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation, “Expert Witnesses: Selection of and Working with Appraisers and Other Experts,” January 4-6, 2001, Coral Gables, Florida.
  • Samford University, Cumberland School of Law, “Hot Topics in Civil Litigation: What Every Litigator Needs to Know About Condemnation,” December 15, 2000, Mobile, Alabama.
  • The Alabama Chapter of The Appraisal Institute, “Alabama Eminent Domain Considerations for the Appraiser,” October 27, 2000, Huntsville, Alabama.
  • Alabama Bar Institute- Continuing Legal Education Health South Conference Center, “Defenses to an Agency’s Right to Take By Condemnation” October 13, 2000, Birmingham, Alabama.
  • International Right-of-way Association, “Alabama Eminent Domain Code Consideration for the Right of Way Professional and Eminent Domain Law Basics for Right-of-way Professionals” Bryant Conference Center, February 29-30, 2000, Tuscaloosa, Alabama.
  • Alabama Department of Transportation, Right of Way Workshop, “Agency Problem Areas,” Ramada Resort and Conference Center, May 8, 1997, Mobile, Alabama.
  • The Alabama Association of Legal Assistants, Region III, “Steps in an Eminent Domain Case from the Property Owner’s Perspective, Bienville Club, March 12, 1996, Mobile, Alabama.
  • 1996 Right of Way Conference, “Court Testimony & Selected Legal Issues”, Bryant Conference Center, March 7, 1996, Tuscaloosa, Alabama
  • Fifth Annual Right of Way Conference, “Second Takings, Acreage versus Lots, Interest,” Central Office Complex, May 11, 1995, Montgomery, Alabama.
  • Mid-South Alabama Chapter Appraisal Institute, “Alabama Eminent Domain Appraisal Consideration, Supplemental Materials Regarding Condemnation of Contaminated Properties” and “Alabama Eminent Domain Appraisal Considerations and Courtroom Tips for Alabama Appraisers,” The Huntsville Marriott, October 21, 1994, Huntsville, Alabama.
  • Southeastern Association of State Highway and Transportation Officials, “Legal Issues Relate to Condemnation-Condemnation of Contaminated Property,” Mobile Convention Center, September 13, 1994, Mobile, Alabama.
  • The International Right of Way Association, “Current Legal Issues in Eminent Domain,” 1994 Summer Conference, Gulf State Park Resort Hotel, July 29, 1994, Gulf Shore, Alabama.
  • Alabama Department of Transportation Fourth Annual Right of Way Workshop, “Condemnation of Property Already Subjected to or Devoted to a Public Use,” Ramada Resort and Conference Center, May 12, 1994, Mobile, Alabama.
  • Alabama League of Municipalities, “Section 235 Liability-Inverse Condemnation”, Statehouse Inn, October 22, 1993, Montgomery, Alabama.
  • Mid-South Alabama Chapter of Appraisal Institute, “Alabama Eminent Domain Appraisal Considerations and Courtroom Tips for Alabama Appraisers,” The Governor’s House Motel, March 10, 1993, Montgomery, Alabama.
  • The Alabama Bar Institute for Continuing Legal Education, Real Estate Law Seminar, “Trial Techniques for Litigating the Eminent Domain Case,” Madison Hotel, October 8, 1992, Montgomery, Alabama.
  • International Right of Way Association, “Court Room Strategies,” Guntersville State Park, August 20, 1992, Guntersville, Alabama.
  • International Right of Way Association, Region 6, “Issues of the Nineties,” Stouffer Riverview Plaza, October 3, 1991, Mobile, Alabama.
  • Baldwin County Bar Association, “Steps in an Eminent Domain Case from the Property Owner’s Perspective,” July 31, 1991.
  • The Alabama Bar Institute for Continuing Legal Education, “Selected Condemnation and Land Valuation Issues,” The Harbert Center, May 10, 1991, Birmingham, Alabama.
  • International Right of Way Association, Chapter 24 “Acquisition for Ground Surface Development,” Best Western on the Beach, July 27, 1990, Gulf Shores, Alabama.
  • The Alabama Bar Institute for Continuing Legal Education “Trial Techniques in Land Value Litigation,” Carraway Convention Center, May 26, 1989, Birmingham, Alabama.
  • International Right of Way Association, Chapter 24, 1988 Summer Conferences, “Inverse Condemnation-Case in Hand,” Quality Inn, July 29, 1988, Gulf Shores, Alabama.
SPECIAL RECOGNITION

Owners’ Counsel of America – This is a Miami-based national organization of eminent domain and condemnation trial lawyers primarily representing property owners with one representative per state. Warren has been the representative from the State of Alabama since its inception, 2000-present.

ACADEMIC ACHIEVEMENTS

President University of Alabama Student Government Association, 1969-1970
University of Alabama Algernon Sydney Sullivan Award, 1970
Delta Kappa Epislon (DKE) International Leadership Award, 1969
Omicron Delta Kappa
Jasons
Phi Eta Sigma
Winner, University of Virginia School of Law William Minor Lyle Moot Court Competition,1974
Recipient, University of Virginia School of Law Steven Pierre Trainer Award for Excellence in Appellate Advocacy for most outstanding final round moot court oral argument, 1974

ASSOCIATIONS & AFFILIATIONS
  1. American Bar Association – Section of Litigation Co-Chairman of the Committee on Condemnation, Zoning and Land Use, 1999-2002; member 1999-present. While co-chairman, the committee membership and minority and female membership increased approximately three-fold.
  2. Alabama Law Institute, Real Estate Standby Committee, Eminent Domain and Condemnation Representative. Co-authored proposed changes to Alabama’s 1986 Eminent Domain Code.
  3. Member American Bar Association, Section of Real Property, Probate and Trust Law, Committee on Condemnation, 1999 to present.
  4. Member American Bar Association, Section of State and Local Government, Committee on Condemnation, 1999-present.
  5. Member Alabama State Bar Association, Real Property and Environmental Law Sections.
  6. Mobile Bar Association, Grievance Committee member, 2005-2007
  7. American College of Real Estate Lawyers
  8. Owner’s Counsel of America
COMMUNITY INVOLVEMENT
  1. Mobile Bar Association’s Volunteer Lawyers Program, approximately 1990-present
  2. Member and chairman of City of Mobile, Alabama Downtown YMCA Board, 1987
  3. Member Board of YMCA of Metropolitan Mobile, Alabama
PROFESSIONAL EXPERIENCE

Helmsing, Leach, Herlong, Newman & Rouse, P.C.
1977-present (shareholder 1982-present).
State of Alabama Special Assistant Attorney General to the Alabama Department of Transportation and the Alabama Historical Commission.
(approximately 1979-2000)

SIGNIFICANT CASES

Warren served as co-counsel for the defendant throughout the litigation in Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, et al., 119 S. Ct. 1167 (1999) which had a major impact on the law of admissibility of expert witnesses in federal court.

  1. Eminent Domain Decisions:
    1. New Gourmet Concepts, Inc. v. Siedo Investments Co., Inc., 988 So.2d 961 (Ala. 2007)
    2. Alabama Dept. of Transp. v. Williams, 984 So.2d 1092 (Ala. 2007)
    3. State v. Howington, 859 So. 2d 1093, (Ala. 2002)
    4. Ex parte Tuscaloosa County v. Phillip LaMoreaux, 825 So. 2d 729, (Ala. 2001)
    5. Sustainable Forests, L.L.C v. Alabama Power Co., 805 So. 2d 681,(Ala. 2001)
    6. State v. Armstrong, 779 So. 2d 1211 (Ala. 2000).
    7. Pace v. The Utilities Bd. Of the City of Foley, 752 So. 2d 510 (Ala. Civ. App. 1999)
    8. Town and Campus Apartments, Inc. v. Kemp, 548 So. 2d 436 (Ala. 1989)
    9. Thiry v. State, 480 So. 2d 1243 (Ala. Civ. App. 1985)>
  2. Other:
    1. Household Bank v. JFS Group, 191 F. Supp. 2d 1292, M.D. (Ala. 2002)
    2. American Auto Ins. Co v. McDonald, 812 So.2d 309, (Ala. 2001)
    3. Mitchell v. H & R Block, Inc., 783 So. 2d 812, (Ala. 2000)
    4. Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, et al., 119 S. Ct. 1167 (1999).
    5. Kline v. Avis Rent a Car System, Inc., 66 F. Supp. 2d 1237, S.D. (Ala. 1999)
    6. Leonard v. Enterprise Rent a Car Co., 38 F. Supp. 2d 982, M.S. (Ala. 1999)
    7. City of Foley v. McLeod, 709 So. 2d 471 (Ala. 1999)
    8. Carmichael v. Samyang Tire, Inc., 131 F. 3d 1433, 48 Fd R Evid. Serv. 334, Prod. Liab. Rep. (CCH) P 15, 137, 11 Fla. L. Weekly Fed. C 895, 11th Cir. (Ala. 1997)
    9. Carmichael v. Samyang Tires, Inc., 923 F. Supp. 1514, S.D. (Ala. 1996)
    10. Boykin v. Magnolia Bay, Inc., 570 So.2d 536, (Ala. 1990)
    11. Woods v. Wilson, 539 So. 2d 224, (Ala., 1989)
    12. Perry By and Through Perry v. Mobile County, 533 So. 2d 602, (Ala. 1988).
PROFESSIONAL RECOGNITION

Warren has been selected for membership in the American College of Real Estate Lawyers (ACREL) headquartered in Rockville, Maryland. Warren is one of nine lawyers in the State of Alabama who are active members.

2006 edition, The Best Lawyers in America, Real Estate.

2007, 2008, 2009, 2010, 2011, 2012 and 2013 editions, The Best Lawyers in America, Eminent Domain and Real Estate; Litigation-Antitrust; Litigation-Real Estate.

2008, 2009, 2010 and 2011 edition, Alabama Super Lawyers, Eminent Domain

SIGNIFICANT REPRESENTATIONS

Florida Gas Transmission Company, LLC
Baldwin Mutual Insurance Company
Mobay Storage Hub
The Barber Companies
Riviera Utilities
City of Foley
Colonial Properties
City of Tuscaloosa
Walgreen’s

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