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Eminent Domain & Real Estate Litigation

Contact an Eminent Domain & Real Estate Litigation Attorney

OVERVIEW

Stoll Keenon Ogden’s Eminent Domain & Real Estate Litigation practice has been engaged in many of the largest and most important eminent domain matters in Kentucky for more than 40 years. From representing utilities in eminent domain proceedings for major transmission and pipeline projects, to defending a public utility client in high-profile litigation involving an attempted condemnation by a municipality, the Eminent Domain & Real Estate Litigation practice is intimately familiar with the legal and practical aspects of condemnation in Kentucky.

In addition to handling all aspects of litigation and appeals in condemnation matters, our experience allows us to assist our clients in planning right-of-way acquisition from the very outset of a project in order to try to maximize voluntary acquisitions and minimize litigation expense and delays.

Benchmark Litigation Kentucky State Firm of the Year 2018

Work Highlights

Complex Litigation of Superfund Cleanup Site

Louisville Industrial Park, LLC v. ExxonMobil Oil Corporation, et al., Case No. 3:14-CV-278-CRS (W.D. Ky., 2017). See also, FCBKy Holding, LLC v. Louisville Industrial Park, LLC, et al., Case No. 13-CI-402829 (Jefferson Circuit Court, 2013).

Originally presented with a foreclosure case by our bank client, the matter became further complicated when the location in question was declared a Superfund Site by the U.S. EPA. SKO negotiated a resolution that involved an acquisition under Kentucky’s brownfields regulations, protecting the bank against liability for historic contamination. The firm’s attorneys also successfully acquired the property for a subsidiary while dealing with substantial tax liens and negotiated a plan for cleanup, which proved satisfactory to state and federal regulators. Subsequently, SKO also successfully resolved lender liability claims that threatened to delay the transfer of the property and the commencement of cleanup activities. The case was settled favorably in March 2018.

Building Dispute/Injunctive Relief

Home Depot, U.S.A., Inc. v. Saul Subsidiary I Limited Partnership, Ky. App., 159 S.W.3d 339 (2005)

Represented owner of Lexington Mall and obtained injunction requiring Home Depot to remove its store and restore the Mall structure because Home Depot violated restrictive covenants; case settled.

Real Estate Litigation

SKO obtained a summary judgment at Fayette Circuit Court for a zone change appeal filed by protesting neighbors to a zone change and new development.

Landowner Defense

Represented numerous individual, agricultural, commercial and industrial landowners in negotiations and litigation against the Commonwealth of Kentucky, Department of Highways, in connection with acquisitions of right-of-way for road projects and other assorted road and highway issues.

Major Electric Transmission Project

Collaborated with a longtime electric utility client to plan and coordinate the acquisition of more than 100 parcels of real estate in three counties for a 41-mile electric transmission line.  Our assistance began in the early planning stages of the project and carried through agreed-upon acquisitions, challenges to the right to condemn, appeals and valuation litigation. 

Major Water Pipeline Project

Worked with a water utility client that was acquiring right-of-way access. We assisted with negotiations and, where necessary, litigation to secure rights to construct a much needed 42” water main to transport water from the Kentucky River to Lexington and surrounding communities, securing a new and dependable water source for Central Kentucky for years to come.

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