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Heather A. Cunningham

Heather A. Cunningham

Idaho

Schwabe, Williamson & Wyatt

hcunningham@schwabe.com

US Bank Centre
Suite 3400, 1420 Fifth Ave.
Seattle WA 98101
(206) 407-1568

Heather has been advising and representing citizens facing eminent domain issues since 1996. She has been involved in every aspect of eminent domain over the years, from pre-condemnation planning and negotiation through litigation and, when necessary, appeal. In addition, she has assisted owners navigating entitlement, easement, access or other issues which impact their ability to use and develop their land. Heather has also been involved in spearheading legislative reforms designed to balance the playing field between property owners and governmental entities with the power to take private property and correct injustices in the law. Many bills which she drafted have become Idaho law. Heather has served as an instructor on eminent domain topics in legal seminars in Idaho and at the national level. She also regularly appears before the legislature to address eminent domain legislation, and has successfully drafted a number of bills which became law.

Significant Eminent Domain and Property Rights Representations and Reported Decisions

  • State of Idaho v. Jo Grace Jardine, 130 Idaho 318, 940 P 2d 1137 (1997) (Amicus Curiae)
  • Ada County Highway Dist. v. Sharp, 135 Idaho 888, 26 P.3d 1225 (2001)
  • Boel v. Stewart Title, 137 Idaho 9, 43 P 3d 768 (2002)
  • KMST v. Ada County Highway District, 138 Idaho 577, 67 P 3d 56 (2003)
  • C & G, Inc. v. Canyon Highway Dist. No. 4, 139 Idaho 140, 75 P.3d 194 (2003)
  • VFP VC v. Dakota Co., 141 Idaho 326, 109 P 3d 714 (2005)
  • VFP VC v. Dakota Co., 142 Idaho 675, 132 P 3d 432 (2006)
  • City of Boise v. Frazier, 143 ID 1, 137 P.3d 388 (2006)
  • State of Idaho v. Canyon Vista, 148 Idaho 718, 228 P.3d 985 (2010)
  • Wylie v. State of Idaho Transp. Board, 151 Idaho 26, 253 P.3d 700 (2011)
  • Ada County Highway Dist. V. Brookeview, Inc., 162 Idaho 138, 395 P.3d 357 (2017)

Bar Admissions and Memberships

  • Idaho
  • United States Supreme Court
  • United States District Court of Idaho
  • U.S. Court of Appeals Ninth Circuit
  • Idaho State Bar
  • American Bar Association

Professional Affiliations

  • American Inns of Court No. 130; 1997-1998
  • Omicorn Delta Kappa
  • Pi Kappa Delta
  • National Forensic League
  • Idaho Trial Lawyers Association
  • Owners’ Counsel of America, Board of Directors (2001-2009)