Hinckley Allen represented the owner of two business properties that were to be negatively impacted by eminent domain takings for a proposed highway and drainage project. The project, as originally designed, called for one of our client’s properties to be completely bisected by a large drainage culvert. The drainage structure was so big that it would have been the largest “tunnel” ever built in the state. The construction of the drainage structure as proposed would have negatively impacted business operations and the future development potential of the property. Over 12 regulatory agencies were involved in the design and approval of the project. Working closely with the NHDOT, municipal and state officials, abutting property owners, regulatory agencies and other stakeholders, HAS was able to achieve the relocation of the drainage improvements to a new location with very limited impacts to our client’s property. The proposed relocation was initially met with intense regulatory resistance due to timing, cost, regulatory and other stated objections. However, working closely with engineers, appraisers, and other experts, HAS was able to demonstrate that the project’s impacts on the value of the property were far greater than originally estimated by the taking authority and was also able to demonstrate that the new location worked “better” than the original design. As a result, the project was ultimately relocated as we suggested. Achieving this success, required the persistent and creative navigation of numerous regulatory issues including wetlands, highway, flooding, riparian and flowage rights, eminent domain, contract law, and complex valuation issues with respect to partial land takings.