Law Firm Overview

OPPERMAN & SCHELL, P.C.

Since 1974 Opperman & Schell, P.C. has been engaged in the practice of real estate acquisition and condemnation. We hold an AV rating (the highest) from Martindale-Hubbell and are listed in the 1995-97 Bar Register of Preeminent Lawyers. Approximately 85% of our business deals directly with potential valuation and condemnation situations. The other 15% involves real estate transactions, conservation easements, appraisal problems, environmental issues, minerals, and water matters.

While the majority of cases are resolved through negotiation and settlement, we have litigated before juries and commissions numerous condemnation and valuation actions in both federal and state courts. Cases are also tried before administrative bodies, such as tax assessment matters and access permits. Major projects where we represented the governmental agency as special counsel include: The new Denver International Airport (53 square miles acquired, over 50 surface ownerships, 360 mineral ownerships, alluvial and deep bedrock groundwater, and massive easement relocations); The Denver Urban Renewal Authority since 1974 (Auraria project, Speer Blvd. project, Broadway project, Colfax project, and the Downtown project including the Centerstone project); Englewood (the redevelopment of Cinderella City, Hampden Blvd. and surrounding area) Littleton (the Mineral Avenue project and Santa Fe realignment project); Thornton (84th Ave, 104th Ave, Grant Street, Washington Street and numerous other projects); Westminster (Sheridan and other right-of-way and easement projects); Boulder County (numerous right of-way and easement projects), City of Boulder since 1975 (all of the open space acquisition program and right-of-way and easement projects), Towns of Silverthorne, Central city and Breckenridge, Platte River Power Authority (transmission rights-of-way projects).

We have represented numerous private clients attorneys and corporations against governmental agencies throughout Colorado and Wyoming. Landowners include Robert Norris Holdings, Myron Stratton Home and the Houck Estate in Colorado Springs; Sanger Ranches in Wyoming; Smith Ranches in Meeker, Colorado; Gyurman Ranches in Tyrone, Colorado. We have also represented numerous clients against the Colorado Department of Transportation, E-470 Public Highway Authority, Department of the Army, municipalities, counties, improvement districts and administrative agencies throughout Colorado.

We have extensive trial experience in the five metro-county district courts and are familiar with many of the judges throughout the state. Cases have been tried in most district courts in Colorado. We are very proud of the acquisition and trial record we have established. Some of our accomplishments arc listed on the attachments.

Our knowledge of federal guidelines and requirements as well as state regulations gives us an advantage in knowing what procedures and regulations must be followed to assure federal funding participation in the project costs. Regulations with which we have had extensive experience include: Federal Highway Administration, Corps of Engineers, Federal Aviation Administration, Department of Housing and Urban Development and state and local administrative regulations.

Over the years we have hired, or opposed most of the real estate appraisers in Colorado who do eminent domain and valuation work. As a result of Mr. Opperman's extensive background in appraisal and appraisal methodology, we are very familiar with the techniques used by each appraiser and their strengths and weaknesses.

Further, we maintain a complete chronological and numerical data base of all Colorado eminent domain cases, valuation cases and significant cases from other states and the federal court system. Trial manuals have been developed which allow us to immediately turn to the topic at issue and see a summary of existing Colorado law on the subject. These manuals give us a tremendous advantage at trial where it is not always possible to take a break and do legal research. In addition, they shorten the time necessary for legal research and trial briefs that are necessary.

Some of the accomplishments of Opperman & Schell, P C are:

• Over objection of the United States, winning reimbursement of attorney fees in three condemnation actions in Federal District Court (Colorado) and the Tenth Circuit Court of Appeals under the Equal Access to Justice Act against the United States of America (United States v Gyurman, United States v. Koskie and United States v Harvey) .
• The successful representation of the theory of open space as a public purpose under condemnation law (Boulder v. SDC ):
• When representing a condemnor, the winning of an award at less than any of the testimony presented at trial (EURA v. Lewan );
• When representing a condemnee, the winning of an award higher than any of the testimony presented at trial (Aurora v. Johnston );
• The successful defense of two urban renewal authorities (Thornton Development Authority and the Denver Urban Renewal Authority) against attacks by landowners claiming a violation of their civil rights arising out of a condemnation process. The Thornton case was a case of first impression in the Federal District Court in Colorado. The DURA cases were the first rulings on economic revitalization.
• Establishing a record of never having lost an immediate possession hearing when representing a condemnor and having won the dismissal of several condemnation actions, resulting in the award of attorney fees, when representing individual condemnees;
• The establishment of various principles of Colorado condemnation law, including recovery of development costs, necessity to confirm comparable sales, admissibility of comparable sales after the date of value.
• When representing landowners, turning a $500 offer into a $150,000 award (Department of Highways v. Silverthorne ) and a $100 offer into a $4,000,000 award (E-470 Public Highway Authority v. Jeanne Y. Jagow, et al. on appeal) .
• Acting as lead counsel for the condemnor in the largest condemnation cases litigated in Colorado: City and County of Denver v. Monaghan Farms, Inc., et al. (valuation range $12,215,000 to $84,000,000) and City and County of Denver v. Fulenwider, Inc., et al. (Box Elder Farms) (valuation range $21,800,000 to $143,760,000).
• We have an excellent record of success. For example, in the last three cases tried on the Denver International Airport ("DIA") project.

Areas of Practice

• Real Estate Acquisition and Condemnation
• Relocation Assistance
• Inverse Condemnation
• Boundary Disputes and Quiet Title
• Regulatory Takings
• Appeals
• Conservation Easements
• Surface Use, Mineral Estates, Water Rights
• Corporate Counsel

Honors and Awards

• Martindale-Hubbell AV Rating (the highest)
• Listed in the Bar Register of Preeminent Lawyers, 1995 - 1997

Representative Clients

• Robert Norris Holdings
• Myron Stratton Home
• Houck Estate in Colorado Springs
• Sangers Ranches in Wyoming
• Smith Ranches in Meeker, Colorado
• Gyurman Ranches in Springfield, Colorado

Representative Cases

• United States v. Gyurman, 1988 WL 73309 (U.S. District Court of Colorado 1988)
• Aurora v. Johnston, 145 Colo. 357 (Supreme Court of Colorado 1961)

References

• Timothy H. Berry, Esq.
• John W. Wittemyer, Esq.
• M. Stephen Kautz, Esq.
• Stephen A. Hellerstein, Esq.

West Practice Categories

Eminent Domain, Condemnation