By: Michael Rikon
You say your cattle ranch in Montana is about to be taken in an eminent domain proceeding for a wind energy development project? What now? Should you call upon a lawyer who advertises on Google, or locate the best condemnation lawyer in that state? We think the latter. Condemnation cases are unique to each state’s law. You need an experienced trial lawyer who has the ability to hit the road running. Otherwise, you are looking for trouble. Condemnation judgments are rarely modified on appeal. As long as the amount awarded is within the range of evidence, it will be affirmed.
So, if you are involved in a condemnation case in Montana you should be making a call to Hertha L. Lund in Bozeman, MT. Not only does she have 20 years of experience in trying condemnation claims, but she also has a very impressive background. She is the Owners’ Counsel of America Attorney for the state. If you need a super qualified eminent domain attorney in another state, just turn to www.ownerscounsel.com. The creation of the Owners’ Counsel of America or OCA was the idea of one of America’s greatest condemnation lawyers, Toby Prince Brigham. OCA selects only one attorney from each state who predominantly represents property owners. At this time, nearly every state has an Owners’ Counsel attorney who represents private property owners throughout that state.
The organization also serves as a powerful resource to its members in the form of a national eminent domain “think tank” and a platform for representing property owners across the country. OCA has filed numerous amicus briefs in important eminent domain cases, most recently in the “Rails to Trails” taking case, Brandt v. United States. The amicus brief was written by Robert H. Thomas, OCA’s attorney for the state of Hawaii. OCA also has the support of the finest appellate lawyers in eminent domain with decades of experience in arguing the most important national cases. Its web page contains complete biographical and contact information for each member.
Michael Rikon is the OCA attorney for the State of New York.