Duane Morris LLP

Duane Morris' eminent domain and land valuation lawyers regularly counsel private property owners, governmental entities and quasi-governmental entities in eminent domain and land valuation matters. Our attorneys are experienced in representing both condemnors and condemnees in all phases of eminent domain proceedings and have handled highly complex takings cases involving multiple landowners and major urban projects.

With our extensive knowledge of and experience in the field of condemnation, the firm frequently handles challenging valuation issues for both developing and improved properties. We are well versed in land use, environmental and government regulatory matters to best serve our clients' needs throughout the evaluation process. Additionally, we offer tax advice on the financial impact of receiving compensation in an eminent domain proceeding.

We also call upon outside consultants, including independent appraisers, engineers, land planners, surveyors, accountants, economic impact experts, photographers and other professionals who provide their special expertise where necessary. Since compensation for a taking may include not only the value of the property, but also severance and/or business damages, nonmonetary possibilities, such as improved access, more favorable zoning, relocation of roads, additional public services and other enhancements, should be considered. We have considerable experience in helping clients resolve their eminent domain issues through negotiating changes to a proposed project in order to minimize the impact on the parties involved.

Through our work as land valuation litigators, we have gained extensive experience in tax appeal litigation and the expanding field of regulatory takings/inverse condemnation, where the property owner's rights have been taken by a governmental entity without payment. We have a depth of experience in the intricate issues of valuation and damages. Our experience, resources and knowledge enable our clients to have a single source for advice, thereby often reducing their costs and increasing their satisfaction with the result.

Though we have a national practice, with clients located across the country, we are also able to provide local experience through our nationwide network of offices located in major cities across the United States. Our attorneys have also written and lectured extensively in the field of eminent domain and land valuation.

We have provided representation in eminent domain and land valuation matters from raw land to corporate headquarters and from residential properties to oil terminals. We have provided legal advice regarding:

Airport development/expansion
Apartment complexes
Convention centers
Educational institutions and school districts
Highways, tunnels and bridges
Hospitals and medical centers
Hotels and restaurants
Manufacturing and industrial facilities
Office complexes
Outdoor advertising
Public utilities
Research and development facilities
Retirement and other planned communities
Shopping centers and retail facilities
Stadiums and amphitheatres
Urban redevelopment and renewal
Warehouses and distribution centers

Representative Matters

• Represented landowner in eminent domain action. Settled matter following a four-week jury trial for five times the highest pre-trial settlement offer.
• Tried a condemnation action instituted by the New Jersey Department of Transportation against a gas station in Chester Borough, N.J. NJDOT determined certain roadway improvements were needed at the intersection of a state highway (Route 206) and a county road in the borough. These improvements necessitated the taking of the property owner's right of access to the state highway. As a result, fuel trucks no longer were able to make deliveries to the site. NJDOT asserted that after the taking, the property could be used as an automotive-service garage, utilizing the county highway as access, and offered the property owner $340,000 as just compensation. The property owner's experts opined, however, that such a use was not a permitted use on the property and would necessitate multiple bulk and use variances from the borough, as well as the county and state governments, which could not be obtained. The property owner's appraiser opined the property has no utility after the taking and therefore just compensation should be $1.16 million. A jury returned a $1.1 million verdict for the property owner.
• Represented regional bank in development of more than 45 branches with unique issues in shopping centers, retail buildings and other consumer-convenient locations. Solved problems relating to reciprocal easement operating agreements and associated maintenance, lighting, signage and operating issues.
• Represented the owner of a 65,000 square foot warehouse in Perth Amboy that was condemned by the Perth Amboy Redevelopment Agency. PARA initially offered the property owner what it had paid for the property two years prior, $1.5 million. PARA also required the property owner to agree to pay to actual costs of remediating asbestos, soil, and groundwater contamination (estimated by the redeveloper to be $467,000), and the property owner relocate its textile wholesaling business at its own expense. On the eve of trial, we negotiated a settlement of just compensation for the property of $2,115,000 "as if remediated," and PARA agreed the redeveloper would perform all environmental remediation of the property at its own expense and the property owner have no further liability therefor. PARA also agreed to pay the property owner an additional $135,000 as relocation expenses.
• Represented the Camden Redevelopment Agency in the acquisition of an 11 acre site improved with a garden apartment complex containing eighteen multifamily buildings adjacent to a Superfund site in the City. Prior to the construction of the apartment complex, the subject property and the Superfund site were one property. CRA's appraiser estimated the value of the subject property unaffected by environmental concerns was $7.7 million. However, CRA's environmental consultant estimated it will cost $7.5 million to remediate contamination on the property. CRA instituted condemnation proceedings to acquire title to the property and terminate the leasehold interests of approximately 220 tenants. We then successfully negotiated a settlement fixing just compensation for the property "as if remediated" in the amount of $8,150,000 but requiring the estimated remediation costs remain in an escrow account until remediation is complete and actual costs are known.
• Represented the world's largest retailer when Rowan University condemned a fully approved site in connection with a University expansion project in Harrison Township. Rowan initially offered the retailer $2.85 million for the site based on an appraisal that predated the institution of the action, which occurred at a time when real estate values in the area were booming. Rowan argued that the earlier date of value was appropriate since it had taken actions which affected the "use and enjoyment" of the property. We moved for a later date of value, i.e., the date of the filing of the condemnation complaint, which motion was granted. The later valuation date resulted in Rowan's reappraisal of the property for $5,550,000.
• Represented major oil company in a partial condemnation of an oil terminal facility. Initially, the condemnor sought to take a 4.5-million gallon storage tank but only after building a temporary roadway system around the site. The original offer was $1,150,000 for the taking. We worked with the engineers and real estate professionals of the client and the condemnor to provide a resolution that saved time and money for both parties. Rather than building the temporary road system, the client would rebuild on its own property new tanks, related improvements, as well as new internal roadways and related infrastructure—all prior to the demolition of its original improvements. The condemnor did not have to expend millions of dollars on a merely temporary roadway and the client received new improvements on its own property that allowed it to continue business functions during re-construction. The client eventually received compensation in excess of $6,000,000.
• Represented a major oil company in an eminent domain action. The client lost a relatively narrow strip of land used for a service station along a state highway, leaving the canopy and pumps close to the road. We argued that the taking required a complete raze and rebuild of the site. Unique among the valuation arguments was "total temporary take" damages during the time required to tear down and rebuild the property. End compensation went from an initial offer of $18,000 to a settlement of more than $500,000.
• Represented two major oil companies in the valuation phase of an eminent domain action. Demonstrating the deficiencies in the city's appraisal regarding valuation methodologies with regard to improvements and relocation expenses, We helped our clients settle the matter from an initial $3,000,000 offer to a final settlement of $7,150,000.
• Defense counsel for multiple landowners in eminent domain action brought by District of Columbia to condemn property for use as new Washington Nationals baseball stadium. Obtained multimillion-dollar settlements for clients.

"In my discussions with Duane Morris leaders, they frequently speak about how diversity within their firm has enabled them to better serve their diverse clients. They understand that investing in diversity is a wise business decision that positions them for the marketplace of the future."

Don Liu
Senior VP, General Counsel & Corporate Secretary
Xerox Corporation

At Duane Morris, achieving diversity is paradoxical. By supporting and celebrating the differences of our attorneys - and the individual strengths that they bring - our firm culture expands, fostering creative solutions for our clients. But diversity at Duane Morris does not mean that we have a certain number of diverse attorneys; true diversity means that it is no longer noteworthy to see diverse lawyers leading our practice groups or managing client relationships. Ascending to positions of leadership and greater responsibility and providing the highest levels of client service is simply what is expected of all our lawyers. Diversity is another strong asset that adds to our collective abilities to meet the needs of our clients.

Our vision of diversity at Duane Morris is to realize an environment in which our lawyers' outstanding qualities are not just measured by ethnicity, race, gender and sexual orientation, but more importantly, that our lawyers are remarkable as excellent attorneys above all else. Only then can we celebrate our differences while focusing on the common pursuit of legal excellence which everyone shares at Duane Morris.

To reach this goal, Duane Morris understands that the familiar diversity strategies and policies that most law firms have are needed. Without demanding results from such policies, most law firms are bound to fail in even achieving numerical hiring and retention goals. Duane Morris has been proactive and ambitious in its efforts to improve diversity at the firm, and has set deadlines for reaching the milestones which mark our progress. To create a more diverse law firm, Duane Morris is:

• Committed to strategically increasing our diversity levels, which is currently at 10 percent.
• Bringing together our Diversity Committee and our Hiring and Retention Committee to raise diversity as an important factor in our hiring decisions.
• Dedicated to improving retention by building upon our monitoring and mentoring program for all diverse associates.

Combining new initiatives with our longstanding diversity efforts, Duane Morris has seen increasingly positive results. In the Minority Law Journal's annual diversity survey of the nation's largest 260 firms, Duane Morris continued to improve its regional and national ranking, rising to number 136 of all firms surveyed. Our strides in Philadelphia are encouraging; in a city known for both the racial diversity of its population and the lack thereof in its law firms, Duane Morris is one of only two law firms to exceed the national average of minority partners at all law firms. Additionally, Duane Morris leads all national law firms based in Philadelphia in the number of Latino partners. Nearly 30 percent of all of our attorneys are women, and more than 20 percent of our partners are women.

In our approach to diversity, progress in racial, gender and cultural diversity cannot be measured in numbers alone. Duane Morris has focused our diversity initiatives on both increasing the number of diverse associates and addressing the challenges diverse attorneys face in building lasting careers and rising to senior and leadership positions. While several of our key practice groups are led by diverse partners and female partners, Duane Morris endeavors to create a culture which will foster a deep pool of such attorneys who can then develop into the firm's future leaders. Duane Morris understands that simply hiring diverse associates will not change the diversity of the firm; Duane Morris is working to mentor and retain diverse associates so that our progress in racial, gender and cultural diversity is also reflected at the highest levels of leadership within the firm.

Our progress on gender diversity has been profound. We have no glass ceilings: women hold positions of leadership at all levels of management at the firm. Women lead a number of our key practice groups, including our Energy, Immigration and International practices, and serve on the firm's Executive Committee. The success of our female attorneys at Duane Morris has not gone unnoticed. Barbara Adams was chair of the firm's Finance Practice until her appointment by Pennsylvania Governor Edward Rendell to serve as General Counsel of the Commonwealth. In 2004, our longtime General Counsel, Gene E.K. Pratter, was approved by the United States Senate and is now a judge for the U.S. District Court for the Eastern District of Pennsylvania.

Our efforts to improve diversity extend beyond our firm's walls. The chair of our Diversity Committee, Nolan N. Atkinson, Jr., recognized the lack of diversity in Philadelphia's legal community and formed the Philadelphia Diversity Law Group. Nolan now serves as the chair of the organization, a consortium of 25 law firms and corporations that commits to employing at least one diverse first-year law student each as a summer associate. From this program, law students of diverse backgrounds gain access to what was once an exclusive legal community, and now have the opportunity to learn and develop their legal careers with experience at Philadelphia's top law firms.

In addition to our involvement in the Philadelphia area, Duane Morris has increased our presence at national conferences and events focused on diversity. We sponsor the Hispanic National Bar Association and its job fair. Duane Morris is also a longtime supporter and sponsor of the Equality Forum, a national gay and lesbian rights organization. Duane Morris continues to sponsor the Minority Corporate Counsel Association, and is active in other associations of diverse attorneys including: the Asian American Bar Association of the Delaware Valley; the Charles Houston Bar Association; Cuban Bar Association; Korean American Lawyers Association; National American Indian Housing Counsel and the National Bar Association.

The challenge of improving gender, ethnic and cultural diversity at Duane Morris is an ongoing effort that has the support of the entire firm. Duane Morris has been at the vanguard in supporting gender diversity throughout the firm beginning a generation ago. Our diversity programs are leading to similar success in improving racial and national origin diversity at Duane Morris. But even as we share these examples of Duane Morris attorneys and our involvement in numerous legal events, associations and programs for diversity, our hope is that such examples will no longer be necessary to mention in the future. We hope that through our efforts, and the efforts of other law firms, these stories become so common that they are no longer the remarkable accomplishments they are today, but simply routine aspects of the legal world tomorrow.