Foth & Orrick, L.L.P. Real Estate Practice Highlights

Land Acquisition and Major Administrative Eminent Domain Actions
Trial Results (Claims In Excess Of $1 Million)
Major Consulting Assignments

Attorney Tim Orrick: Land Acquisition and Major Administrative Eminent Domain Actions

• Kansas Speedway Eminent Domain Actions and Appeals, Kansas City, Kansas.

Wyandotte County District Court, Kansas Supreme Court
Represented the Unified Government of Wyandotte County/Kansas City, Kansas in five administrative eminent domain actions to acquire all tracts necessary for the construction of the Kansas Speedway which could not be acquired through negotiation.  Following successful acquisition of 45 tracts, successfully defended the Unified Government in 35 eminent domain appeals, and litigated one appeal through the Kansas Supreme Court.   

• Kansas Turnpike Authority-East Topeka Service Area Relocation Project.

Provided Kansas Turnpike Authority with turn-key acquisition and appraisal services for 11 parcels and several billboard structures for relocation of the Kansas Turnpike’s East Topeka Service Area, and represented KTA in subsequent eminent domain actions for parcels not acquired through negotiation. 

• KDOT Projects 435-105-K-4890 and 435-105-K-6371, Wyandotte County, Kansas.

Provided Unified Government/KDOT with turn-key acquisition and appraisal Services for over 100 parcels needed for two major I-635 improvement projects.  Project included relocation of approximately 54 residents under federal Uniform Relocation Act URA).  Represented Unified Government in subsequent eminent domain actions.   

• KDOT Project 35-105-K-6391 (I-35/Turkey Creek Improvements), Wyandotte County, Kansas.

Provided KDOT with turn-key acquisition and appraisal services for 14 parcels for joint KDOT/Corps of Engineers/Unified Government project involving I-35 reconstruction and Turkey Creek channel relocation, including acquisition and eelocation of 3 displaced businesses under the URA.  Represented KDOT in subsequent eminent domain actions.        

• Kickapoo Tribe/Sac & Fox Nation Hotel/Casino Proposal, Wyandotte County, Kansas.

Acted as lead real estate counsel as part of a development team formed by the Kickapoo Tribe in Kansas and the Sac & Fox Nation for proposed development of $210 million regional destination hotel/gaming facility.  Led negotiations and drafting of option agreement and all closing documents for purchase of 80 acres adjacent to Kansas Speedway for proposed development. 

• Kansas Turnpike Authority: Turnpike Widening Project, East Topeka to Lecompton

Provided KTA with turn-key acquisition and appraisal services for acquisition of approximately 50 parcels for expansion of Kansas Turnpike between East Topeka and Lecompton.  Represented KTA in subsequent eminent domain actions.

• City of Salina/Wilson & Company

Acted as lead acquisition agent for the City of Salina/Wilson & Company for acquisition of 11 parcels and relocation of approximately 17 businesses under the federal Uniform Relocation Act for North Ohio Street/Union Pacific RR line grade separation project.   

• City of Concordia

Acted as lead acquisition agent for acquisition of 3 parcels for City of Concordia
storm water improvements and economic development project.

• KDOT Project No. 435-46-K-7451 and 435-46-K-8262, Overland Park, Kansas

Provided City of Overland Park with turn-key acquisition and appraisal services for acquisition of approximately 42 parcels, including relocation of 15 residential units under the federal Uniform Relocation Act.  Represented City of OP in eminent domain actions. 

• KDOT Project No. 24-105-K-8248 (US-24 & K-7 Improvements), Wyandotte County, Kansas.

Provided Unified Government/KDOT with turn-key acquisition and appraisal services for acquisition of approximately 53 parcels, including relocation of 3 residential units and one business under the federal Uniform Relocation Act.  Currently representing the Unified Government in subsequent eminent domain 
Actions. 

• Mission Cliffs Redevelopment District, Kansas City, Kansas

Acted as lead acquisition and relocation agent for lead developer City Vision Ministries, for acquisition of approximately 20 parcels and relocation of approximately 12 residential units under the federal Uniform Relocation Act for residential redevelopment project.  

• St. Peter’s/Waterway Redevelopment District, Kansas City, Kansas

Acted as lead acquisition and relocation agent for lead developer CHWC, Inc. for acquisition of approximately 100 parcels and relocation of approximately 15 residential units under the federal Uniform Relocation Act for residential redevelopment project. 

• City of Lawrence Sanitary Treatment Plant and Main system

Teamed with Dan Watkins, Attorney at Law, to provide turn-key acquisition, appraisal and condemnation services for sanitary treatment plant site and development of sanitary main system. 

• 94 ^th Street Improvement Project, Wyandotte County, Kansas.

Acted as lead acquisition agent for the Unified Government for partial acquisition of approximately 35 parcels for the reconstruction and widening of ⁹⁴ th  Street from State Avenue to Parallel Parkway, ancillary to the Schlitterbaun project.

• Hollingsworth Road Improvement Project, Hutton Road to 115 ^th Street.

Acted as lead acquisition agent for the Unified Government for acquisition and appraisal services for partial takings if approximately 25 parcels to upgrade Hollingsworth Road between Hutton and 115 ^th Street.

• KDOT Project No. 435-105-K-8427, Wyandotte County, Kansas

Acted as lead acquisition agent for Unified Government for partial acquisition of approximately 11 parcels for the construction of I-435 & Donohoo Road interchange and improvement of Donohoo Road from Hutton Road to 99 ^th Street.

• I-70 & 18 ^th Street Redevelopment District

Acted as lead acquisition agent for the Unified Government to total acquisition of approximately 25 parcels for redevelopment of NEQ of I-70 & 18 ^th Street.

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Attorney Tim Orrick: Trial Results (Claims In Excess Of $1 Million)

• Kansas Department of Transportation vs. Glacier Development, et al

Wyandotte County District Court, Case No. 03-CV-3449
Opposing Counsel: Reid Holbrook and Joy Hays
Court Appointed Appraisers’ Award: $2,190,000
Landowner’s Damage Claim: $4,400,000
KDOT’s Damage Evidence: $450,000
Tried to Jury June, 2005
Jury Verdict of Just Compensation: $800,000.  Verdict currently on appeal. 

• Morris vs. Unified Government.

Wyandotte County (Kansas) Case No.: Case No. 98 C 6010
Opposing Counsel: Dennis Clyde
Court Appointed Appraisers' Award:  $165,000.00
Landowner's Damage Claim at Trial: $1,300,000.00, plus 25% premium 
required by K.S.A. 12-1773
Unified Government Damage Evidence at Trial: $150,000.00.
Tried to Jury: September, 1999
Jury Verdict of Just Compensation: $200,000.00

• Gilbert  vs. Kansas Department of Transportation.

Shawnee County (Kansas) Case No.: 98-CV-609
Opposing Counsel: John R. Hamilton
Court Appointed Appraisers' Award:  $702,00.00
Landowner's Damage Claim at Trial: $2,500,000.00.
KDOT's Damage Evidence at Trial: $400,000.00.
Tried to Jury: June, 1999
Jury Verdict of Just Compensation: $559,000.00

• Rogosich  vs. Kansas Department of Transportation.

Shawnee County (Kansas) Case No.: 95-CV-648
Opposing Counsel: John R. Hamilton and Michael L. Clutter
Court Appointed Appraisers' Award:  $104,408.00
Landowner's Damage Claim at Trial: $1,290,429.00.
KDOT's Damage Evidence at Trial: $146,000.00.
Tried to Jury April, 1996
Jury Verdict of Just Compensation: $361,277.00

• TLC, Inc.  vs. Kansas Department of Transportation.

Allen County (Kansas) Case No.: 93-C-68
Opposing Counsel: Robert V. Talkington and Eldon J. Shields
Court Appointed Appraisers' Award:  $107,100.00
Landowner's Damage Claim: $1,100,000.00
KDOT's Damage Evidence at Trial: $60,500.00
Tried to Jury November, 1995
Jury Verdict of Just Compensation: $121,000.00

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Attorney Tim Orrick: Major Consulting Assignments 

• US-54 Design and Right-of-Way Project, Kingman and Pratt County

Acted as sub-consultant to HNTB (outside engineering consultant to KDOT) for design and right-of-way acquisition for 44-mile corridor for future re-alignment of US-54 in Kingman and Pratt County.  Providing advice regarding access management, corridor preservation and property management issues, as well as assisting as liaison with public officials and affected property owners.

• K-7 Corridor Study

Acted as sub-consultant to HNTB, lead engineering consultant to KDOT for K-7 Corridor Study, Miami County to Leavenworth County, to develop master plan for future K-7 improvement projects and access management.  Advised HNTB regarding legal aspects of use of police power to manage access and traffic routing.

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Foth & Orrick, L.L.P.
11900 College Boulevard, Suite 210
Overland Park, KS 66210
Phone: (913) 888-1777
Toll Free: (866) 870-3831

The law firm of Foth & Orrick serves clients in the states of Kansas, Missouri (MO), Iowa and Nebraska and throughout the Kansas City metro area.