Dedicated Eminent Domain And Real Estate Lawyers

Jody Harper Alderman

Practice Areas

  • Eminent Domain
  • Real Estate Litigation
  • Real Estate Transactions
Jody Harper Alderman | Recognized Best Lawyers | 2024
Martindale-Hubbell Best Lawyers | Preeminent | Peer Rated for Highest Level of Professional Excellence | 2023
Best Lawyers | Lawyer Of The Year | Jody Harper Alderman | Eminent Domain And Condemnation Law | Denver 2022
Rated By Super Lawyers | Rising Stars | Jody Harper Alderman | SuperLawyers.com

Biography

Highly respected in her field by her peers, Jody Harper Alderman has practiced eminent domain law and real estate law for three decades. Among her colleagues, Jody is known for her willingness to go above and beyond for a client, oftentimes “giving 150 percent,” her law firm partner, Carrie Bernstein, says. “She truly cares about people, which is why she has represented some clients practically her entire career.”

During law school at the University of Colorado School of Law, it was the takings clause of the U. S. Constitution — from where the power of eminent domain stems — that immediately piqued Jody’s interest. Her University of Colorado Law Review article focused on the Fifth Amendment’s takings clause. Upon graduating from law school, she calls it fortuitous that she found a job at a Denver law firm where she could focus on the area of law that so interested her. Jody worked at Grimshaw & Harring until 2009, when she and Carrie left to start Alderman Bernstein. As a married mother of three, Jody wanted to nurture her professional ambitions while being fully present for her family.

At Alderman Bernstein, Jody’s practice focuses primarily on eminent domain law, and she also does both transactional and litigation work related to real estate. Jody handles contract disputes; quiet title actions and Rule 105 proceedings; Rule 106 appeals of land use decisions; drafting and negotiation of a variety of real estate contracts, leases, easements and other conveyance instruments; and due diligence and closings.

Jody is highly recognized within the legal field. She has been selected to Super Lawyers every year since 2014; she has been designated as one of the Best Lawyers in America for Eminent Domain and Condemnation Law each year since 2007; and she is an AV Preeminent Rated Lawyer by Martindale-Hubbell. In 2022, Jody was named Best Lawyers Lawyer of the Year in Eminent Domain and Condemnation Law in Denver. Jody has co-chaired the CLE International Annual Eminent Domain Conference since 2015, putting together a continuing education program for eminent domain professionals, including lawyers, appraisers and right-of-way professionals. 

Jody has litigated numerous eminent domain, inverse condemnation, and takings cases. She represents clients in every stage of a condemnation case, including negotiating for the acquisition of property and commencing condemnation proceedings, immediate possession hearings, valuation trials, and appeals. She represents private landowners, special districts, school districts, counties, municipal governments, and other public entities in her eminent domain practice. Representative clients include property owners involved in acquisitions by the City of Thornton for its waterline project, power companies acquiring utility easements for electric transmission lines and substations in several counties throughout Colorado, numerous special districts in acquiring various rights of way and utility easements for multiple projects. Jody has argued numerous cases to the Colorado Court of Appeals and the Colorado Supreme Court.

Along with her myriad professional accomplishments, Jody is passionate about giving back to her community. She’s on the Board of Trustees for Holy Family High School in Broomfield, Colorado, where she also coaches the Mock Trial Team and teaches a Mock Trial elective class. Since 1999, she’s volunteered with the Tennyson Center for Children, one of the Rocky Mountain region's leading treatment centers and K-12 schools for emotionally and crisis-affected children and youth. Tennyson serves children and families impacted by abuse, neglect and trauma. Jody was on the Board of Directors of Tennyson Center from 2007 to 2014, during which time she served as Chair of the Board for two years, and she returned to the Board from 2016 to 2022, serving as Chair of Board from 2018-2021. “It’s a really wonderful place and they’re doing tremendously important work,” Jody says.

Education

  • University of Colorado School of Law, Boulder, Colorado
    • J.D. - 1994
    • Honors: Order of the Coif
    • Honors: American Jurisprudence Award, Constitutional Law
    • Law Review, University of Colorado, Editor in Chief, 1993, 1994
    • Law Review, University of Colorado, 1992, 1994
  • University of Virginia, Charlottesville, Virginia
    • B.A. - 1991
    • Honors: Golden Key National Honor Society
    • Major: Economics and History

Bar Admissions

  • Colorado, 1994
  • U.S. District Court District of Colorado, 1994
  • U.S. Court of Appeals 10th Circuit, 1997

Professional Associations

  • Colorado Bar Association
  • Denver Bar Association
  • Colorado Women's Bar Association
  • CREW-Denver, Commercial Real Estate Women, 2007 to Present
  • Council of Real Estate Section of Colorado Bar Association, Member, 2014-2019

Published Works

  • Public Use or Purpose, Necessity, and Pretextual Takings in Colorado Eminent Domain Law, Colorado Lawyer, July
  • The New "Bright Line" Rule in Condemnation Commission Trials: Regional Transportation District v. 750 W. 48th Ave., LLC, Denver Law Review On-Line, 2017
  • Inverse Condemnation: A Practical Guidance Practice Note, Lexis Nexis, May 2023 article

Appellate Cases

  • Mulberry Frontage Road Metropolitan District v. Sunstate Equipment Co., LLC, 537 P.3d 391 (Colo. App. 2023)
  • CORE Electric Cooperative v. Freund Investments, LLC, 517 P.3d 697 (Colo. App. 2022)
  • Carousel Farms Metropolitan District v. Woodcrest Homes, Inc., 442 P.3d 402 (Colo. 2019)
  • Carousel Farms Metropolitan District v. Woodcrest Homes, Inc., 444 P.3d 802 (Colo. App. 2017)
  • Regional Transportation District v. 750 West 48th Ave, LLC, 357 P.3d 179 (Colo. 2015)
  • Regional Transportation District v. 750 West 48th Ave, LLC, 369 P.3d 640 (Colo. App. 2013)
  • Moreland Properties, LLC v. City of Thornton, 559 F. Supp. 2d 1133 (D. Colo. 2008)
  • School District No. 12 v. Security Life of Denver Ins. Co., 185 P.3d 781 (Colo. 2008)
  • School District No. 12 v. Security Life of Denver Ins. Co., 179 P.3d 1 (Colo. App. 2007), Droste v. Board of County Com’rs of County of Pitkin, 159 P.3d 601 (Colo. 2007)
  • Droste v. Board of County Com’rs of County of Pitkin, 159 P.3d 601 (Colo. 2007)
  • Deutsch v. Kalcevic, 140 P.3d 340 (Colo. App. 2006)
  • Cherokee Metropolitan Dist. v. Simpson, 148 P.3d 142 (Colo. 2006)
  • Department of Transportation v. First Place, LLC, 148 P.3d 261 (Colo. App. 2006)
  • Gold v. Duncan, Ostrander & Dingess, P.C., 143 P.3d 1192 (Colo. App. 2006)
  • E-470 Public Highway Authority v. Revenig, 140 P.3d 227 (Colo. App. 2006)
  • Droste v. Board of County Com’rs of County of Pitkin, 141 P.3d 852 (Colo. App. 2005)
  • E-470 Public Highway Authority v. Revenig, 91 P.3d 1038 (Colo. 2004)
  • In re Black Forest Fire/Rescue Protection Dist., 85 P.3d 591 (Colo. App. 2003)
  • Droste v. Board of County Com’rs of County of Pitkin, 85 P.3d 585 (Colo. App. 2003)
  • Board of County Com’rs of County of Park v. Park County Sportsmen’s Ranch, LLP, 45 P.3d 693 (Colo. 2002)
  • Silver Dollar Metropolitan Dist. v. Goltra, 66 P.3d 170 (Colo. App. 2002)
  • C-470 Joint Venture v. Trizec Colorado, Inc., 176 F.3d 1289 (10th Cir. 1999)
  • Santa Fe Trail Ranches Property Owners Ass’n v. Simpson, 990 P.2d 46 (Colo. 1999)
  • City of Grand Junction v. City and County of Denver, 960 P.2d 675 (Colo. 1998)
  • Farmland Industries, Inc. v. Colorado & Eastern R. Co., 944 F.Supp. 1492 (D. Colo. 1996)
  • Farmland Industries, Inc. v. Colorado & Eastern R. Co., 922 F. Supp. 437 (D. Colo. 1996)

Honors

  • Best Lawyer® 2022 Lawyer of the Year for Eminent Domain and Condemnation Law in Denver
  • Best Lawyers® for Eminent Domain and Condemnation Law, 2007 - present
  • Martindale-Hubbell AV Rated
  • Super Lawyers, 2014 - present

Classes & Seminars

  • Speaker, Easements in Eminent Domain: A Primer on How Easements are Written, Valued and Challenged in a Condemnation Scenario, Colorado Bar Association Annual Real Estate Symposium, 2022
  • Speaker, Eminent Domain Process From Start to Finish: Property Owner Perspective, Colorado Easements, Rights-of-Way and Eminent Domain CLE, 2021
  • Speaker, Cost to Cure in Colorado, CLE International Annual Eminent Domain Conference, 2020
  • Speaker, New Frontiers in Challenging the Taking: Pretext, Bad Faith, and Proving Private Use, ALI-CLE Eminent Domain and Land Valuation Litigation, 2019
  • Speaker, Mock Trial Presentation, CLE International Annual Eminent Domain Conference, 2019
  • Speaker, Easements: How To Write Them, How To Approach Valuation of Them and How They Can Be Challenged. CLE International Eminent Domain Conference (Scottsdale, AZ), 2018
  • Speaker, Navigating Condemnation and Relocation Associated with Public Projects, Colorado Bar Association CLE, 2018
  • Speaker, Effective Case Planning for Taking Authority and Owner, American Law Institute Continued Legal Education, Eminent Domain and Land Valuation Litigation, 2016
  • Speaker, Leasehold Interests: The Many Layers of Complexity Tenants Add to a Condemnation Case, CLE International Annual Eminent Domain Conference, 2016
  • Speaker, Recent Colorado Decisions: Will They Change the Way We Try Eminent Domain Cases?, CLE International Annual Eminent Domain Conference, 2016
  • Speaker, Eminent Domain 101, Colorado Bar Association Annual Real Estate Symposium, 2015
  • Speaker, Immediate Possession Hearings: Condemnor and Condemnee Approaches and Perspectives, Colorado Bar Association Continuing Legal Education Seminar, 2015
  • Speaker, Attorney Fees in Eminent Domain: Who pays and who gets paid?, CLE International Annual Eminent Domain Conference, 2015
  • Speaker, Eminent Domain Actions, NBI Continuing Legal Education Seminar, 2014
  • Speaker, Condemnor: Working with Clients and Suggestions for a Case Plan, ALI-ABA Condemnation 101 Seminar, 2011
  • Speaker, Hardship Acquisitions: What Are They and When Are They Available?, CLE International Seminar, 2010
  • Speaker, When a Condemnation Case Is Abandoned: Estoppel, Damages Claims and Other Interesting Issues, CLE International Annual Eminent Domain Conference, 2009
  • Speaker, Eminent Domain, Women In Real Estate (“WIRE”) CLE, 2009
  • Speaker, What's New in Eminent Domain: An Update on Case Law and New Legislation in Colorado and Around the Country, CLE International Annual Eminent Domain Conference, 2008
  • Speaker, Ethics- Issues Facing the Eminent Domain Professional, CLE International Annual Eminent Domain Conference, 2007
  • Speaker, Damages Issues- What You Need to Know, CLE International Annual Eminent Domain Conference, 2005
  • Speaker, Cutting Edge Issues in Just Compensation, Panel Discussion, 22nd Annual ALI-ABA Course of Study on Eminent Domain and Land Valuation Litigation, 2005
  • Speaker, Can Your Broken Appraisal be Fixed?, 22nd Annual ALI-ABA Course of Study on Eminent Domain and Land Valuation Litigation, 2005
  • Speaker, Effective Legal Writing, CLE International Seminar, 2004
  • Speaker, Understanding Special Benefits, CLE International Annual Eminent Domain Conference, 2004
  • Speaker, Getting Successful Results in Colorado Eminent Domain Actions, NBI Continuing Legal Education Seminar, 2002
  • Speaker, Land Use Planning and Eminent Domain in Colorado, NBI Continuing Legal Education Seminar, 2001
  • Speaker, Land Preservation and Open Space as the Highest and Best Use of Property--Reasonable Market Value, Resolving Conflicts Between Legal Principles and Appraisal Methodology, CLE International Annual Eminent Domain Conference, 2000
  • Speaker, Evidence for the Litigation Paralegal in Colorado, IPE Continuing Legal Education Seminar, 1998

Volunteer Activities

  • Holy Family High School, Coach of Mock Trial Team, 2019 to Present
  • Holy Family High School, Teacher, Mock Trial Elective, 2022 to Present
  • Holy Family High School, Board of Trustees, 2015 to Present
  • Tennyson Center for Children, Chair of the Board of Directors, 2017 to 2021
  • Tennyson Center for Children, Immediate Past Chair of the Board of Directors, 2021 to 2022
  • Tennyson Center for Children, Board of Directors, 2016 to 2022
  • Tennyson Center for Children, Board of Directors, 2007 to 2014
  • Tennyson Center for Children, Chair of the Board of Directors, 2010 to 2012
  • Tennyson Center for Children, Chair, Denver Dinner Fundraising Committee, 2000 to 2002
  • Tennyson Center for Children, Chair, Denver Dinner Fundraising Committee, 2009 to 2010
  • Tennyson Center for Children, Denver Dinner Fundraising Committee, 1999 to 2010