Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson has developed a national eminent domain and land use litigation practice, serving major publicly traded utilities and private enterprises. If you are faced with the threat of a takeover attempt by a governmental entity at any level, Baker Donelson is the firm to turn to in order to maximize the value of your company or defend your constitutional rights as a private property owner.

Representative Matters

• Represented publicly held water company in opposing City of Chattanooga's plan to initiate an expedited condemnation proceeding and pay only a fraction of the fair market value of the local subsidiary. The case involved the following: A Public Records Act lawsuit to compel production of the financial reports on which the City relied to substantiate the economic viability of the takeover attempt; a parallel suit contesting the City's authority to condemn based on a prior perpetual franchise granted to the company by the State; and an injunction against the condemnation proceeding while the franchise case was pending. Community pressure, coupled with legal victory after victory for the water company, ultimately convinced the City to abandon its condemnation attempt.
• Represented gas distribution company in threatened takeover attempt of gas distribution system in Morristown, Tennessee. Successfully negotiated with the City to abandon its condemnation effort and to award the company a new 20-year franchise. Also negotiated five new franchise agreements across the state on behalf of the distribution company.
• Represented hotel developer in a year-long effort to counter the City of Knoxville's attempted takeover in conjunction with the construction of a new convention center. City abandoned the condemnation effort. Client's property, a $30 million hotel facility situated in city central, is positioned to be the official convention center hotel.
• Defended beer distributor in condemnation suit by City of Knoxville. After initial depositions, City dismissed suit and paid all attorneys' fees and expenses incurred in defending the suit. After suit was dismissed, Baker Donelson negotiated sale of the same property to the City, and the client received a $2 million premium.

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