Virtually every national company has real estate holdings in multiple states. Whether they are retail establishments, franchise and restaurant operations, office buildings, manufacturing plants, distribution centers or warehouses, these holdings are a company's crown jewels. If any of these interests is physically taken or damaged, even temporarily, the bottom line can be immediately impacted. Property assets of any company can be threatened by the desire of cities, counties, and highway departments to build new public projects or improve old ones.

And government entities have a very hefty tool at their disposal: the ability to take property without an owner's consent, otherwise known as the power of eminent domain or the act of condemnation.

Deciding when an invasion of property rights warrants minimal versus significant attention and resources is a matter of experience and judgment. Some companies have perfected this decision-making process through involvement with thousands of governmental takings. Others, however, may not be sure whether the potential impact on their property or operations is worth investing the time and money to defend them. Read more…

^{Reprinted with permission from Colorado Real Estate Journal.}