When possible, I seek to work with parties in
the earliest stages of the conflict – to preserve relationships, avoid
further damage and maximize opportunity for gain. My dispute resolution
experience covers a broad range of real property matters and disputes
including:
-
Condemnation,
value of the assets taken, long-term effects.
-
Urban
growth management policies and conflict.
-
Disputes
among a City and potential developers over terms of development.
-
Transportation
disputes among adjoining communities.
-
Disputes
over access to water facilities by communities sharing common water
points.
-
Alleged
breach of lease and property development agreements.
-
Alleged
breach of resource agreements (exploration, gathering, mining,
drilling).
-
Access,
rights of way, public access, transportation/traffic.
-
Collaborative
planning of growth and transportation.
-
Survey
error.
Presenter,
Urban
Growth Management, Challenges of Voluntary and Mandatory Approaches, 2009
Rocky Mountain Land Use Institute, Denver, March 2009.
Related
topics
 Oil
and gas
Mining
Water
Helping find land
use and real
property resolutions.
Arbitrator,
land sale and development dispute, Colorado, 2008
Mediator,
Department of Navy and Yuma County, Arizona, 2008. Facilitated
meetings to address how to avoid litigation over Department of Navy base
expansion condemnation of lands owned by Yuma County.
Growth
management-Urban Growth Boundary Facilitation. Asked by Denver
Regional Council of Governments to facilitate decisions to update and
improve its urban growth boundary/area policies.
Condemnation value. In 2005, I was asked by the Department of the
Navy, Department of Justice and private water company to mediation
disputes of the assets taken in a military base expansion. The mediation
resulted in a process that settled 10 pending disputes over valuation.
As
a litigator, I participated in condemnation matters of value of property
taken, public need and rights of way/public access.
Lease dispute. A lessor and lessee asked me to mediate a dispute
over breach of lease and to help them find options for a long term global
solution – and resulted in a purchase of the property by the lessee.
Plan
and receive public/community input. Worked with federal, state and
local agencies on the Missouri River to receive public input on planned
actions.
Joint ownership of property. Co-owners of a right of way asked me to
create a mediation process that would address substantial conflict over
disparate and competing property uses.
Land access rights. Six agencies (federal, state and local) and
several citizens asked me to mediate a pending court case over competing
land access rights, and conflict between local and federal land rights.
This resulted in a proposed agreement for future land use.
Facilitating
regional growth and transportation. The Denver Region COG asked me to
plan and facilitate a meeting of county and municipal representatives to
consider how collaborative planning efforts on growth and transportation
could assist all parties.
Community
transportation conflict. The City of
Centennial
asked me to facilitate meetings to mitigate disputes between multiple
adjacent communities over transportation and land access.
Litigation.
I have litigated many real property issues including zoning, valuation in
taking, government survey error, split estates, competing mineral uses and
environmental actions and compliance.
This page is intended to
be printer friendly
Copyright ©2006-08 Joseph P McMahon
Jr. All rights reserved
|
