Expert Witness Testimony Regarding Rights of Way and Easements

Expert Witness Experience:

County of Sonoma v. Buckland; Union Pacific Railroad, et al, Sonoma County Superior Court Case No. SCV-228377.  This Eminent Domain action concerns acquisition of the final segment of 20 miles of unused railroad right of way to complete a 15 year pedestrian / bicycle rail/ trail project throughout Western Sonoma County, CA.

The UP Railroad was demanding a high 6 figure dollar amount for a one half mile segment that had not been quitclaimed by Southern Pacific Railroad, due to an error. After consultation with us the county counsel asked UP what the highest and best use was: the railroad co. said “A railroad” and their demand fell apart. They quitclaimed it to the county for $25,000.

For reference, please contact Bill Adams, Deputy County Counsel, Sonoma County Counsel’s Office 575 Administration Drive, Room 105A, Santa Rosa, CA 95403, (707) 565-2421, or e-mail him at badams1@sonoma-county.org (2005)

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Dubray Land Services, Inc. v. Mesa Communications Group, LLC. CV-01-123-BLG-RFC. United States District Court, District of Montana, Billings Division. This breach of contract action evolved partly around the work product of Dubray’s site acquisition team.

NMI examined the job folders for each site that was acquired. Our expert opinion of the job folders were five stars! NMI wrote a lengthy opinion to the court supporting the DuBray Land Service acquisitions. The plaintiff dropped the complaint regarding quality of work.

For reference, please contact Jeff Oven of Crowley, Haughey, Hanson, Toole & Dietrich P.L.L.P. 490 N. 31st Street, Suite 500, Billings, MT 59101-1288. Telephone 406-255-7313 or e-mail him at joven@crowleylaw.com (2004)

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 The issue in this case revolved around the interpretation of a blanket easement on the Rock (defendant) property. For reference, please contact Roy Jimenez of Tredway, Lumsdaine & Doyle LLP 1920 Main St., Suite 1000, Irvine, CA 92614. Telephone 949-756-0684 or e-mail him at RJimenez@tldlaw.com.

Comment: in each case the client(s) of Mr. Moran prevailed.