Holland & Hart LLP

Holland & Hart has one of the largest and most diverse eminent domain practices in the Mountain West.  We regularly handle large, intricate eminent domain matters for property and business owners, developers, pipeline companies, utilities, governmental entities and quasi-governmental entities.  Holland & Hart has a number of highly capable, experienced eminent domain lawyers in several states.

Valuation and Damages
As a result of the depth and breadth of our eminent domain practice, we have gained a great deal of familiarity with valuation issues such as highest and best use; determination of the "larger parcel;" damage to remaining property;  impacts of existing conditions, such as zoning and access, on damages; and appropriate methodologies and legal requirements for valuation theories.  We are comfortable and adept at assembling and working with the appropriate members of a valuation team - appraisers, land use planners, developers, engineers, and economists.

Negotiation
We put our eminent domain experience to good use in pre-trial negotiation, which is often the first step in any condemnation. We have conducted literally hundreds of eminent domain negotiations over the years and our experience in that regard allows us to counsel clients on when to proceed with and when to avoid contested condemnations. During these negotiations we are often supported by Holland & Hart's other practice groups in the areas of tax, real estate development, land use planning, governmental relations and construction.

Litigation
For the last five years we have tried over two dozen contested condemnation cases to juries, judges and commissioners.  During these trials, we have worked with numerous expert witnesses on all types of valuation, land use planning, zoning and development issues.  We have also conducted sophisticated juror research on takings and we have studied in great detail what factors are important to jurors in deciding monetary awards.  This extensive trial experience and in-depth understanding of juries provides us significant advantage in the trial process.

Representative Matters
Our clients include both condemnees and condemnors.  By representing landowners and condemning authorities, we have developed a thorough understanding of how to carefully develop and litigation an eminent domain lawsuit. Below are some examples of our work.

• Development Property - We defended the owner of raw land north of Denver, Colorado, being held for development, against a condemnation by a state department of transportation.  We settled this matter favorably after demonstrating its significant development potential.
   
• Farmland - We defended the owner of farmland north of Denver, Colorado, against condemnation by a local power company.  The issues in the case included water rights, development potential, and damage to the remainder.  We tried this matter to a jury with a very favorable outcome.
   
• Commercial Office Building - We defended the owner of a very valuable multiple-story commercial office building against condemnation by a state department of transportation.  We settled the matter favorably on eve of trial.
   
• Retail Office Building - We defended the owner of retail office space against condemnation by local urban renewal agency.  The matter involved a decade-old blight study and very valuable building in a unique location.  We settled this matter favorably on the eve of trial.
   
• Highway Widening - We represented our client in a condemnation action brought by a Colorado county agency.  The county agency took part of our client's property in order to widen a roadway.  The trial involved complex appraisal and condemnation issues, and our client received a favorable verdict after a trial to a panel of three commissioners.
   
• Highway Arterials - We represented a highway district condemnor in acquiring more than 100 separate homes and businesses, including whole and partial takes, in more than 45 separate actions for a new road through a western city and more than 55 separate actions for the widening of three arterial roads.
   
• Pipelines - We represent a number of the major oil companies involved in the acquisition of rights-of-way for pipelines for the transportation of oil and gas products. We also represent a consortium of municipalities and counties that is developing a pipeline project for treated wastewater which will require the acquisition of rights-of-way from several private landowners and federal agencies.
   
• Railroad - In the largest railroad expansion in the United States in the past century, we secured access for all required survey activities, advised our client in negotiations for surface access and the purchase of related easements, and worked with multiple federal, state, and local agencies to guide our client through the permitting process.
   
• Bridge Construction - We represented a highway condemnor in acquiring several acres for a highway bridge.
   
• Electrical Transmission Lines - We represent a variety of electrical transmission companies, including companies involved in the development of renewable energy technology, assisting them with the acquisition of rights-of-way throughout the Mountain West region, including rights-of-way that run across multiple states.

Holland & Hart's Statement of Commitment to Diversity
We are proud of our tradition of fostering and maintaining a work environment in which the diversity of each individual is valued and celebrated. We believe that the contributions of each individual are essential to our continued growth and to our ultimate goal of providing excellent quality legal services to our clients, with greater creativity and innovation. We are committed to taking full advantage of the rich backgrounds and abilities of our people and to promoting a greater diversity whenever and wherever possible.

Diversity Pledge
Holland & Hart is committed to promoting diversity by:

• Making every possible effort to recruit, hire, retain, and promote diverse persons at all levels of employment.
• Promoting greater sensitivity to the value of racial, ethnic and other forms of diversity, through diversity and sensitivity coaching or training for law firm members.
• Inviting to partnership diverse attorneys who meet the requisite criteria.

Diversity Initiatives
The following are additional examples of our commitment and efforts toward supporting and achieving diversity:

• We make a conscious effort to ensure that women and diverse attorneys are included as voting members of our committees of importance within the firm.
• We work closely with law school deans and placement directors in an effort to identify women and diverse law students who are interested in working at Holland & Hart.
• Holland & Hart offers medical and other benefits to partners of gay and lesbian employees on the same terms as it does to spouses of employees.
• We created an Indian Law Practice Group and actively recruited Native American law students and lateral hires.
• Each year we contribute to such scholarship funds as the Colorado Native American Indian Scholarship Fund, the Sam Cary Scholarship Endowment Fund, the Colorado Asian American Bar Scholarship Fund, the Colorado Hispanic Bar Scholarship Fund, and the Colorado Women's Bar Association Scholarship Fund.
• In partnership with the University of Idaho School of Law, we sponsor a "Law by Day, Jazz by Night" each year for undergraduate minority students who have an interest in law.
• We took a leadership role in organizing and supporting the Colorado Pledge Group's Minority First Year Law Student Summer Clerk Program. Through this program, law firms agreed to add at least one diverse first year law student to their summer clerk program.
• We were involved in the creation of the Cross-Professional Business Networking Group, where diverse attorneys in our community can meet and network with non-attorney professionals of color. We view this as a way to help diverse attorneys increase their business development possibilities.

For more information regarding Holland & Hart's commitment to diversity, please contact Peter Houtsma at (303) 295-8259.