Opperman & Schell, P.C.

Legal Terms

Following are general definitions. They are not all inclusive legal definitions and are only meant to assist the reader's understanding of our practice areas.

accquisition
the act of obtaining ownership of property by agreement or the exercise of the power of eminent domain

appeal
a proceeding to have a decision reconsidered by a higher court

appraisal
an opinion of the value of property

condemnation
for purposes of our practice it is synonomous with eminent domain

condemnee
the owner of some interest in property which is the subject of an eminent domain action

condemnor
the person or entity who seeks to acquire property using the power of eminent domain

easement
an interest in property which gives the holder of the easement a right to use the property of another for a specific purpose

eminent domain
power to take property for a public use so long as the property owner receives just compensation

inverse condemnation
landowner initiated legal proceedings when landowner claims the government has taken property but not compensated landowner for the taking

just compensation
the right of a property owner to obtain payment for the acquision of property through the power of eminent domain as provided by the United States and individual state Constitutions

litigation
the process of resolving a dispute between two or more persons or entities in a court 

mineral rights
ownership right in minerals located on or under a specific property
the type and nature of the minerals is controlled by the document creating the right

quiet title
a legal action by which a court determines the ownership interests in a specific property

real property
property which is physically connected to the earth including permanent buildings, fences, roads, and easements

relocation
for purposes of our practice when an occupant of real property must move due to the accquisition of that property

right-of-way right of way
generally an easement to cross property for a road, railroad, pipeline, electric line or other utility

surface rights
where separate mineral rights exist, a landowner's right to use the surface and subsurface of that land in any way that does not injure the mineral right

takings
where a government regulation or law deprives a property owner of all the economically reasonable expected uses of the property

water rights
a property right to use the water located in the States of Colorado or Wyoming for a specific purpose at a specific location