Spanning a career of over 30 years as a commercial trial lawyer, Joe has consistently been involved in complex real estate litigation and condemnations. His extensive experience in a wide array of real estate litigation matters includes disputes in the areas of foreclosure, guarantor liability, co-tenancy, title disputes, zoning and nuisance. Despite the similarity of this litigation to the issues involved in condemnation, the latter remains a very unique area of real estate litigation that is a recognized specialty.
For the last 20 years Joe has specialized in the unique issues associated with condemnation. For example, he successfully represented the Midwest City Memorial Hospital Authority and the City of Midwest City through a trial and two appeals in the leading case in Oklahoma concerning the right to take property for economic development. The vast bulk of his work in the area has, however, involved representation of property owners opposing condemning authorities. He has represented 16 owners of commercial property in large complex condemnation proceedings and has secured recoveries through jury verdict exceeding a million dollars in three consecutive jury trials, having never failed to obtain a recovery well in excess of the Commissioners Award and being awarded a reasonable attorney fee paid by the condemning authority in each case. He has opposed the Oklahoma Transportation Authority, the Oklahoma Department of Transportation, ONG, OG&E and the City of Muskogee through the course of his representation.
Joe also counsels businesses involved in a potential condemnation action about the ways to secure a fair price without litigation. He is experienced in answering many questions unique to condemnation that even seasoned trial lawyers cannot answer. Such questions include:
- Do they have a right to take your land?
- Does it matter which condemning authority seeks to condemn your property?
- Who will be your first contact in the condemnation process and how should you deal with that contact?
- What kinds of property rights are threatened by the condemnation process?
- How are you compensated for land not taken but damaged by the taking?
- What is the role of the Commissioners and what is your right to a sum equal to that award?
- Who will pay your legal expenses, appraisal expenses and engineering fees?
- How can appraisers help protect your rights?
- What creative solutions can avoid a trial?
- What are your rights to the costs of relocation?