Real Estate Acquisition and Condemnation
Opperman & Schell, P.C. represents either landowners (condemnees) or persons, entities or governments with the power of eminent domain (condemnors) in actions to acquire or prevent the condemnation of property. The exercise of the power to condemn private property must strictly follow statutory requirements and must serve a public purpose. Whether an eminent domain proceeding can move forward depends on the condemnor's compliance with these requirements. Where an eminent domain action may proceed, the firm has expertise in property valuation issues and procedures. We help landowners maximize their recovery in condemnation proceedings and assist governmental bodies in the careful planning and positioning of contemplated projects in order to minimize the cost associated with land acquisition. Relocation Assistance
In any acquisition where federal funds are involved and in selected acquisitions under Colorado statutes, the persons or entities in possession of the property are entitled to receive Relocation Assistance and Benefits. We assist condemning authorities in developing and implementing a relocation plan. When representing landowners, tenants or others in possession we assist them in obtaining the relocation assistance and benefits which they are due under the applicable relocation program. Inverse Condemnation
When a person or entity having the power of eminent domain fails to exercise that power but never the less uses the property of another, the landowner can obtain compensation for the use by making a claim in inverse condemnation. Boundary Disputes and Quiet Title
Many clients have found that their understanding of property lines and rights clash with what another property owner or governmental authority may assert. The attorneys at Opperman & Schell, P.C., have the expertise necessary to facilitate resolution of such disputes, often through negotiation but if necessary through litigation. Regulatory Takings
In certain circumstances governmental control of land uses may result in a regulatory taking of a landowner's property. Opperman & Schell, P.C., represents clients in cases where the government regulations, ordinances or statutes may result in such a taking, with either the overturning of the regulation or the payment of damages to the landowner. Appeals
When a client is dissatisfied with the results of a trial or district court action and where there is a legal and factual basis to do so, the firm represents clients in appeals to the Court of Appeals and the Supreme Court. Conservation Easements
Witholding property from development is often accomplished through acquisition of a conservation easement by a governmental authority or non-profit organization. Valuation issues of the property are often central to disputes between grantors and grantees. The same expertise that applies to condemnation valuation allows Opperman & Schell, P.C., to provide effective legal assistance to clients on either side of a conservation easement issue. Surface Use, Mineral Estates, Water Rights
In determining what property rights are acquired in a condemnation proceeding, or which rights are at issue in a quiet title or boundary dispute, the attorneys at the firm are well versed in addressing the intersection of the ownership of the real estate with mineral, water rights and other interests in or effecting the real estate. Corporate Counsel
The firm serves as general counsel for the American Society of Farm Managers and Rural Appraisers. If appropriately related to real estate, the firm is capable in the areas of corporate setup, governance, and state and federal business compliance standards. Printer Friendly View
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