Kelly Walsh helps property owners defend themselves against the government in eminent domain (also known as condemnation) cases. Drawing on more than 23 years of experience as a litigator, Kelly helps her clients seek fair compensation for property taken by the government. She also helps landowners with pre-condemnation planning and can assist with guiding them through the process of relocating their business or home.

An experienced trial lawyer, Kelly also represents commercial landlords, construction contractors and other business owners faced with litigation. Whether it is assisting a commercial landlord with evicting a problem tenant or helping a construction contractor with filing and foreclosing liens, Kelly approaches every problem with a can-do attitude.

Broad experience with condemnation law

Kelly helps landowners from all walks of life navigate the waters of eminent domain, inverse condemnation, regulatory takings and other issues impacting private property rights in Oregon and Washington. Her clients include small business owners, large corporations, developers, ranchers, homeowners, condominium owners and homeowners’ associations.

Extensive experience with public records issues

Kelly routinely assists Ports and other public entities with issues related to public records requests.  This includes a full range of services including analyzing and advising on exemptions, spearheading large document review teams, and handling litigation when necessary.

Taking the high road … most of the time

In a profession built on adversarial proceedings, Kelly believes that you don’t have to be a bull in a china shop to get things done. In fact, most of the time, being the bull is not to the client’s benefit. Kelly’s clients know that she frequently advises them to take the high road—that is, until the circumstances dictate that the high road is not appropriate. In those cases, Kelly will always vigorously defend her client in the sword fight.

Bar Admissions

• Oregon State Courts
• Washington State Courts 
• United States District Court, Oregon District
• United States District Court, Eastern District of Washington 
• United States District Court, Western District of Washington

Education

• Willamette University College of Law, Juris Doctor degree (1999)
• Montana State University, Bachelor of Science degree (1993)

Eminent Domain

• Negotiated an additional $100,000 for a Fortune 500 company in just compensation from the Oregon Department of Transportation (ODOT) by showing that the partial taking had a much greater impact than ODOT recognized. ODOT also paid all of the client’s attorney fees and appraiser fees.
• More than tripled the amount of just compensation Pierce County Transit (PCT) offered a national bank by showing that PCT failed to adequately value the damages to the remaining bank property. The taking reduced the bank branch’s parking ratio from 4.13 to 2.98 parking spaces per 1,000 feet.
• Following a week-long trial, resolved a long-standing dispute for a developer who owned a prime piece of commercial property with I-5 frontage. ODOT sought to take a strip of land adjacent to I-5 in order to construct a 16-foot high wall that would completely obstruct the visibility of the commercial property, thereby vastly reducing its value. After trial, ODOT agreed to wrap the noise wall behind the developer’s property, thereby preserving the freeway frontage and visibility. ODOT also paid the developer’s attorney fees and appraiser fees.
• Successfully represented the Port of Vancouver against a tenant who asserted that a small partial taking of its leasehold resulted in over $6 million in costs to reconfigure the site. After a seven-day administrative trial, obtained a ruling that the tenant was only entitled to approximately 1% of its claim.

 Construction

• Filed a $500,000 lien on behalf of a general contractor, resulting in nearly immediate payment of amounts due.
• Drafts, reviews and edits construction contracts for developers and contractors.

Port Litigation

• Represents the Port of Vancouver in commercial eviction proceedings and other lease-related disputes.
• Routinely assists the Port of Vancouver in responding to and/or challenging public records requests, including litigation when necessary.

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Seminar

• Central Oregon Eminent Domain Webinar
• Eminent Domain and Land Valuation Litigation Conference
• 9th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges