Warren C. Herlong, Jr.
Warren Herlong focuses his practice upon eminent domain, condemnation and land value litigation primarily representing property owners throughout the State of Alabama. His cases have involved direct takings and inverse condemnation claims pertaining to highways, historical sites, nature preserves, billboards, power lines, water drainage, water and sewer lines, petroleum and natural gas pipelines, underground natural gas storage caverns, urban renewal, airport expansions, college campus expansions, office building acquisitions, communication systems, government regulations and blight.
Warren has handled over 3000 hearings, trials, and arguments at the State Probate, Circuit, and Appellate Court levels, as well as within the Federal system. Warren’s practice is state-wide representing landowners across Alabama. He has handled condemnation cases in Huntsville, Madison, Guntersville, Athens, Arab, Florence, Killen, Russellville, Auburn, Opelika, Phenix City, Prattville, Anniston, Birmingham, Tuscaloosa, Helena, Trussville, Montgomery, Selma, Dothan, Grove Hill, Creola, Mobile, Bay Minette, Foley, Fairhope, Gulf Shores and Butler, Alabama. Warren is currently engaged in several significant real estate projects, including a three-county natural gas pipeline project and the acquisition of a depleted natural gas reservoir for purposes of natural gas storage.
Warren served as co-counsel for the defendant in the United States Supreme Court throughout the litigation in Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, et al., 119 S. Ct. 1167 (1999) which had a major impact on the law of admissibility of expert witnesses in federal court.
Significant Eminent Domain and Property Rights Representations and Reported Decisions
- New Gourmet Concepts, Inc. v. Siedo Investments Co., Inc., 988 So.2d 961 (Ala. 2007)
- Alabama Dept. of Transp. v. Williams, 984 So.2d 1092 (Ala. 2007)
- State v. Howington, 859 So. 2d 1093, (Ala. 2002)
- Ex parte Tuscaloosa County v. Phillip LaMoreaux, 825 So. 2d 729, (Ala. 2001)
- Sustainable Forests, L.L.C v. Alabama Power Co., 805 So. 2d 681, (Ala. 2001)
- State v. Armstrong, 779 So. 2d 1211 (Ala. 2000)
- Pace v. The Utilities Bd. Of the City of Foley, 752 So. 2d 510 (Ala. Civ. App. 1999)
- Town and Campus Apartments, Inc. v. Kemp, 548 So. 2d 436 (Ala. 1989)
- Thiry v. State, 480 So. 2d 1243 (Ala. Civ. App. 1985)
Listed below are the most recent speaking engagements of the more than 50 presentations Warren has given. To view a complete list of Warren’s presentations and continuing legal instruction, please click here.
- American Law Institute, Condemnation 101, “Direct Examination of Valuation Witnesses in Eminent Domain,” January 25, 2013, Miami Beach, Florida.
- American Law Institute-American Bar Association, Condemnation 101, “Strategic Depositions: Deposing Valuation Experts,” January 27, 2012, San Diego, California.
- Petroleum and Convenience Marketers of Alabama Association, a presentation on eminent domain and inverse condemnation issues of specific interest to convenience store owners and operators, December 7, 2011, Birmingham, Alabama.
- American Law Institute-American Bar Association, Condemnation 101, Panel, “How the Case Was Won: Practice Tips from Experienced Eminent Domain Practitioners,” February 5, 2010, Scottsdale, Arizona.
- CLE Alabama, 2009 Real Estate seminar, “Probate Court Commissioners Hearing Strategies in Eminent Domain Cases from the Owner’s Perspective,” October 23, 2009, Birmingham, Alabama.
- American Law Institute-American Bar Association, Condemnation 101, “Where to draw the line between a permissible and impermissible basis for valuation opinion,” January 3-5, 2008, San Francisco, California.
- Lorman Education Services, “Eminent Domain in Alabama-What you should know about handling a Condemnation Case from the Owner’s Prospective,” April 18, 2007, Birmingham, Alabama.
- Alabama Probate Judges Orientation and Conference, “Condemnation Practice and Procedure in Probate Court,” Law Center, Tuscaloosa, Alabama January 24-26, 2007.
- “How to Depose an Opposing Appraiser (With Deposition Questions)” published in the American Bar Association’s publication, The Practical Real Estate Lawyer, January 2007.
- “Damages to the Remainder–Loss of Parking Spaces in Condemnation Actions” published in the American Bar Association’s publication, Probate and Property, May/June 2003.
- “Working with Appraisers in Condemnation Cases” published in the American Law Institute – American Bar Association’s bi-monthly publication, The Practical Real Estate Lawyer, November 2001.
- Warren authors a column on significant legal decisions for the State of Alabama, Chapter 24, International Right of Way Association newsletter.
Bar Admissions and Memberships
- United States Supreme Court, 1998
- United States Court of Claims, 1991
- United States Courts of Appeal for the Fifth and Eleventh Circuits, 1981
- United States District Court for the Southern, Middle, and Northern Districts of Alabama, and all the Courts of the State of Alabama, including the Alabama Supreme Court, 1974
- Alabama Law Institute, Real Estate Standby Committee, Eminent Domain and Condemnation Representative. Warren co-authored proposed changes to Alabama’s 1986 Eminent Domain Code.
- American Bar Association, Section of Litigation, Co-Chairman of the Committee on Condemnation, Zoning and Land Use, 1999-2002; Member 1999-present.
- Mobile Bar Association, Grievance Committee Member, 2005-2007
- American College of Real Estate Lawyers (ACREL), Member
- Appraisal Institute, Affiliate Member
- International Right-of-Way Association, Chairman, Legislative Committee of Alabama Chapter
- Owners’ Counsel of America, Founding Member and Board of Directors (2013-2016)