Mr. Braselton’s practice is focused on eminent domain litigation, but also includes related valuation and real estate related litigation such as property tax appeals, boundary disputes and real estate purchase contract disputes. With regard to condemnation, depending upon the project, Mr. Braselton represents both property owners and acquiring agencies. In so doing, his perspective, unlike many of his peers, is informed by an understanding of the objectives typically sought by both the condemnor (generally a governmental entity) and the condemnee (property owner).
Education & Credentials
Education
University of Illinois
B.S., Civil Engineering , 1976Arizona State University
J.D., 1986- cum laude
- Order of the Coif
Bar Admission
Acknowledgements
- AZ Business Leaders Magazine, January 2024
- Benchmark Litigation United States
- United States (National) and Local Litigation Star, 2024
- Local Litigation Star, Commercial Real Estate, Arizona
- Best Lawyers in America®
- Eminent Domain and Condemnation Law, Land Use and Zoning Law, Litigation – Real Estate 2023- 2024
- "Lawyer of the Year," Eminent Domain and Condemnation Law, 2008-2020, 2024
- Southwest Super Lawyers®
- "Top Rated Eminent Domain Attorney," Arizona, 2007-2021
Representative Clients
- AMERCO Real Estate Company
- City of Yuma
- Clarion Partners
- Eastgroup Properties
- Hilby Wilson, Inc.
- Kitchell Development
- LeSueur Investments
- Liberty Equities USA
- Property Reserve Arizona
- Taylor Morrison Homes
Prominent Assignments
Represented and/or currently represents governmental entities, including the City of Yuma, the City of Mesa, the City of Scottsdale, the Maricopa County Stadium District, the City of Peoria, the Town of Queen Creek and the City of Tempe; has assisted in their acquisition of both real property and related property rights, including property interests such as leasehold interests, air rights, subterranean rights, access easements and innumerable temporary construction easements.
Served as trial counsel in numerous condemnation lawsuits involving a determination of the amount of just compensation which must be paid by various governmental entities to certain individuals and entities which own real property located within corridors designated for proposed public improvements. Illustrative of those was a 2015 trial in which Mr. Braselton represented the Arizona Board of Regents, acting for and on behalf of Arizona State University. That case involved the acquisition of properties formerly occupied by fraternity housing, which was slated for redevelopment with educational related buildings/uses. In that case, the jury returned a verdict in the principal amount of approximately $13 million – less than 1/2 of the amount sought by the property owner’s representative.
Represented the successful landowner/developer in litigation regarding whether a municipality's issuance of a Conditional Use Permit is subject to a voter referendum. This matter was appealed to the Arizona Court of Appeals and an opinion from that Court was published, thereby establishing new law in Arizona.
Represented the property owners in a case that resulted in an approximate $20 million jury verdict in favor of the owners in connection with a condemnation of land needed for a segment of an urban freeway in the southeast quadrant of the Phoenix metropolitan area.
Represented the City of Tempe in connection with the eminent domain actions needed in order to acquire the balance of the property required for the Tempe Marketplace redevelopment project.
Represented the owners of property located outside the boundaries of the City of Phoenix, that the City of Phoenix attempted to condemn for park purposes; was successful in opposing the City's right to condemn property that is located outside its municipal boundaries, which resulted in a Court of Appeals opinion establishing new law in Arizona.
Served as trial counsel in numerous condemnation lawsuits involving a determination of the amount of just compensation which must be paid by various governmental entities to certain individuals and entities which own real property located within corridors designated for proposed public improvements. Illustrative of those was a 2015 trial in which Mr. Braselton represented the Arizona Board of Regents, acting for and on behalf of Arizona State University. That case involved the acquisition of properties formerly occupied by fraternity housing, which was slated for redevelopment with educational related buildings/uses. In that case, the jury returned a verdict in the principal amount of approximately $13 million – less than 1/2 of the amount sought by the property owner’s representative.
Represented the successful landowner/developer in litigation regarding whether a municipality's issuance of a Conditional Use Permit is subject to a voter referendum. This matter was appealed to the Arizona Court of Appeals and an opinion from that Court was published, thereby establishing new law in Arizona.
Represented the property owners in a case that resulted in an approximate $20 million jury verdict in favor of the owners in connection with a condemnation of land needed for a segment of an urban freeway in the southeast quadrant of the Phoenix metropolitan area.
Represented the City of Tempe in connection with the eminent domain actions needed in order to acquire the balance of the property required for the Tempe Marketplace redevelopment project.
Represented the owners of property located outside the boundaries of the City of Phoenix, that the City of Phoenix attempted to condemn for park purposes; was successful in opposing the City's right to condemn property that is located outside its municipal boundaries, which resulted in a Court of Appeals opinion establishing new law in Arizona.
Professional Involvement
- Member, Arizona Bar Association
- Arizona State Bar
Publications/Presentations
- Speaker, “Eminent Domain and Land Valuation Litigation: Trends and Updates in 2017 & Beyond,” Knowledge Group, June 27, 2017.
- Panelist/Speaker, “Condemnation Summit XIX: Challenging the Right to Condemn,” October 21, 2016