Neil N. Olsen

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  • Overview
  • Representative Matters
  • Publications and Presentations

Overview

Neil is an experienced litigator and business advisor. In addition to his well-established eminent domain and real estate litigation practice, he advises the firm’s clients on real estate and business transactions, business and valuation-related litigation, and general business matters.

As a litigator, Neil serves as both a counselor and an advocate for the firm’s clients. He is experienced in all forms of dispute resolution, from mediation and arbitration to trial and appeal. While he strives to reach smart, business-oriented solutions for the firm’s clients, he also understands that such solutions can sometimes only be reached by trying a case.

As a business advisor, Neil serves as an outside “general counsel” to several of the firm’s clients, helping them navigate business formation and transactional matters, employment matters, contracting, and regulatory compliance. On the real estate and land use side, he helps clients with the acquisition, development, lease and sale of commercial property.

Neil has been recognized by his peers in publications such as Best Lawyers in America and Super Lawyers. Prior to becoming an attorney, he served as a legislative analyst for the Texas House of Representatives.

Representative Matters

Eminent Domain and Condemnation

  • Represent property owners whose property is targeted for condemnation by TriMet, ODOT, WSDOT, and other public entities in Oregon and Washington.
  • Represent property owners in eminent domain, regulatory takings, and inverse condemnation proceedings.
  • Regular speaker on public infrastructure projects and protection of property owners’ just compensation and due process rights when faced with takings.
  • Obtained eminent domain jury verdict on behalf of property owner that was six times the amount of TriMet’s original offer, plus an award of the property owner’s attorney fees and costs. This was the only case a property owner took to trial against TriMet on the Portland Milwaukie Light Rail project.
  • Obtained $7,630,279 eminent domain jury verdict and fee and cost award for owner of development property, on an original offer of $1,670,000.
  • Obtained $955,353 eminent domain settlement for owner of industrial property, inclusive of fees and costs, on an original offer of $297,000.
  • Obtained $500,000 eminent domain settlement for owner of commercial property, inclusive of fees and costs, on an original offer of $217,000.

Real Estate Litigation

  • Represented owners of retail center in enforcement of of $5,000,000 personal guaranty of anchor-tenant lease.
  • Represented owners of retail center in defense of claims regarding common area maintenance.
  • Represented commercial landlord in securing judgment for breach of lease based upon tenant’s early vacation of property.

Commercial and Employment Litigation

  • Represented creative agency in securing a temporary restraining order and preliminary injunction in federal court against its former CEO to secure return of proprietary and confidential electronically stored business information.
  • Represented non-profit corporation in breach of fiduciary duty, conversion, fraud, and civil RICO claims against its former treasurer.
  • Represented regional telecommunications company in prosecution of trade secret, non-disclosure, and non-competition claims against two former employees.

Real Estate and Business Transactions

  • Represent regional real estate developer in acquisition, development, and leasing of real property.
  • Represent regional telecommunications company in real estate contracting matters.
  • Represent regional healthcare provider in corporate, contracting, and real estate matters.
  • Represent national aerospace company in local real estate matters.
  • Represent physician practice in corporate, real estate and employment matters.
  • Represented national wireless communications company in negotiating leases for office and retail space.
  • Represented national communications infrastructure company in negotiating leases for office and technical space.

Land Use

  • Represent property owner in planning efforts for property slated to be brought into urban growth boundary.
  • Represented property owner group in its successful efforts to alter major road-widening project planned for established residential area.
  • Represented property owner in securing land use approval to build a wireless communication facility, including successfully defending the appeal of the planning director’s decision.

Construction

  • Represent golf course company in negotiating design and construction contracts.
  • Represented developer in breach of contract and construction defect claims against general contractor.
  • Counseled numerous contractors, architects and engineers in relation to drafting and interpreting construction and consulting contracts, risk minimization, and regulatory compliance.
  • Represented numerous contractors, subcontractors, architects and engineers in construction lien matters.

Publications and Presentations

  • Oregon Condemnation Law: Neil Olsen's Blog on Eminent Domain, Regulatory Takings, Inverse Condemnation and Property Rights Litigation
  • Preparing Appraisals for Condemnation Assignments, and How to Improve Skills as an Expert Witness, Co-Presenter, Appraisal Institute – Greater Oregon Chapter, January 20, 2017
  • Overview of the Condemnation Process, 8th Annual Oregon Eminent Domain Conference, The Seminar Group, June 5, 2015
  • Ejectment; Suits to Quiet Title, Chapter 61, Oregon Real Estate Deskbook, June, 2015
  • Oregon Property Owners’ Handbook: Eminent Domain and Just Compensation Under Oregon Law
  • Collateral Damage from Newberg-Dundee Bypass Project, Daily Journal of Commerce, December 19, 2013
  • Columbia River Crossing Will Impact 200 Properties, Portland Business Journal, November 12, 2012
  • Portland-Milwaukie Light Rail “Mega Project” Moves Forward, Daily Journal of Commerce, April 26, 2011