Through its litigation, municipal, land use, and real estate disciplines, Foster Pepper has developed the resources to manage any property acquisition or condemnation proceeding.
We have represented municipal clients in acquisition projects, such as arterial street development and expansion, utility (including pipeline) corridor development, golf courses, transit stations and rail corridors, convention centers, and municipal purchase and condemnation of private utility systems.
We have both prosecuted and defended inverse condemnation cases, including actions relating to property taking through regulation or failure to issue land use permits, as well as noise and odor complaints. Foster Pepper represents clients who need to acquire or use real property owned by private as well as other public entities, such as the Port of Seattle, Sound Transit, Stadium PFDs, etc. We pride ourselves on developing and executing the most time-efficient and cost-efficient property acquisition strategies for public entities. Options range from direct negotiation and purchase and lease of private property to condemnation, if necessary.
The firm has represented both condemning municipalities and private property owners facing condemnation proceedings. Our experience on both sides (public entity and private owner) of the property acquisition issue enables us to often develop property acquisition strategies that avoid condemnation litigation and thereby save time and money. However, when condemnation proceedings are required, Foster Pepper executes the process quickly and smoothly.
We advise governments in inter-governmental and transportation-related condemnation actions. For example, we have advised the Port of Seattle on contractual and statutory obligations of railroads (who are empowered by statute with condemnation authority) to contribute to grade separation improvements, and the Port of Shelton in responding to condemnation proceedings by the State of Washington. We have condemned for government entities certain operational private utility systems including solid waste disposal franchises. We have also represented Pierce County in condemning land for its Chambers Creek treatment plant, and the Asotin County Public Utility District in a contested condemnation of a large private water system. We have lectured on these issues to meetings of the local chapters of the International Right of Way Associations, the Appraisal Institute and the Washington State Association of Municipal Attorneys.
P. Stephen DiJulio
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