AMERCO Real Estate Company — Condemnation Litigation

Jim McDermott and Gabe Weaver represented AMERCO Real Estate Company, which is the real-estate subsidiary of the U-Haul system, in a condemnation dispute with the Tualatin Valley Fire & Rescue District (“TVFR”).

In 2013, AMERCO purchased a 10-acre site adjacent to Interstate 5 in Tualatin, Oregon to build a multi-phase U-Haul development. The planned U-Haul development included multiple self-storage buildings, a retail operation, truck sharing, equipment rental, and U-Haul regional offices. In 2016, TVFR announced its intention to acquire a 1+ acre parcel of land located in the middle of AMERCO’s 10-acre Tualatin site. In 2017, TVFR began formal condemnation proceedings. AMERCO retained our team to oppose TVFR’s condemnation action on the grounds that the condemnation violated AMERCO’s constitutional right to due process and TVFR’s statutory obligation to use its condemnation authority to accord the greatest public good and the least private injury. After a multi-day bench trial in the summer of 2018, the trial court ruled in TVFR’s favor and allowed TVFR to proceed with the taking of AMERCO’s property. The trial court also held a jury trial that set the amount of “just compensation” due to AMERCO for the taking.