A significant portion of Brandee's practice is devoted to representing energy companies and utility providers. Her work ranges from major infrastructure projects requiring property acquisition through eminent domain to small-scale actions to preserve and protect established easements and rights-of-way for the companies that own them. Brandee's real estate, natural resources, and land use litigation serves clients with efficient and skillful counseling in acquiring and protecting real property rights.
Brandee's Energy and Eminent Domain experience includes:
- Representation of Sinclair Transportation Company in the acquisition of additional pipeline and easement rights in the first 67-mile phase of a project to expand an existing 250-mile pipeline corridor from Wyoming to the Denver metro area. The project involved a wide mix of agricultural, residential and development properties.
- Representation of Public Service Company of Colorado, an Xcel Energy Company, in the acquisition of hundreds of miles of right of way for electric transmission lines.
- Defense of dozens of quiet title and foreclosure actions to protect existing easements and rights-of-way from being extinguished.
- Representation of energy companies in various actions involving encroachments into energy transmission corridors.
- Defense of condemning authorities in inverse condemnation actions.
- Kansas Supreme Court, Hon. Fred N. Six, 1998-2000
- Eminent Domain at 10,000 feet: Overview of an Eminent Domain Proceeding
ALI ABA 2010 Condemnation 101
- Real Estate Law
IRWA SR/WA Comprehensive Exam Review Seminar (2008)
- Schulhoff and Vail Associates 40 Years Later
CLE International (2008)
- Must Compensation Be Fair to the Condemner and Condemnee?
CLE International (2008)
- Regulating Faxing Activity under State and Federal Law
Colorado Lawyer (2005)
- Covenants Against Competition in Franchise Agreements
ABA (Peter Klarfeld, ed. 2d ed. 2003) (Colorado Chapter Author)
- Rocky Mountain Mineral Law Foundation
- International Right-of-Way Association
Brandee Caswell is an experienced trial lawyer who has successfully litigated numerous cases in both state and federal court. She brings first-chair trial and appellate experience to clients of Faegre & Benson, handling cases from inception to conclusion. Her practice focuses primarily on complex real estate, construction, eminent domain, and natural resources litigation. Brandee also regularly counsels clients with general commercial disputes. As part of Faegre & Benson's Eminent Domain practice, Brandee has developed expertise the protection and acquisition of rights-of-way for energy companies. Brandee also continues to work on complex oil and gas litigation in Colorado and Wyoming. Finally, Brandee is considered an expert on the Federal Telephone Consumer Protection Act and its state analogues.
Her litigation experience includes:
- Representing utility and pipeline companies in acquiring right-of-way corridor for energy projects
- Representing landowners relating to easements, rights-of-way, land use, and procuring entitlements
- Representing owners and contractors in construction-related disputes
- Lead trial and appellate counsel in setting state and national legal precedent under Federal Telephone Consumer Protection Act
- Representing oil and gas companies in royalty-related litigation
- Prosecuting suits to enforce stock and asset purchase agreements, recovery under promissory notes and non-compete agreements
- Arbitration and mediation of numerous commercial disputes
- Obtaining and defending against temporary restraining orders and preliminary injunctions in state and federal court
- Numerous lease and landlord-tenant actions on behalf of real estate investment trust companies and other large real estate holding companies
- Representing commercial and residential lenders in disputes involving prepayment charges in promissory notes
- Prosecuting numerous "spurious lien" actions to clear liens and other encumbrances from real property titles
Published Decisions
- Bd. of Comm'rs v. Colorado Dept. of Public Health and Environment, 218 P.3d 336 (Colo. 2009)
- Sinclair Transp. Co. v. Sandberg, --- P.3d ----, 2009 WL 2960932 (Colo. App. 2009)
- Regency Realty Investors, LLC v. Cleary Fire Protection, Inc.,--- P.3d ----, 2009 WL 2782228 (Colo. App. 2009)
- Betterview Investments, LLC v. Public Service Co. of Colorado, 198 P.3d 1258 (Colo. App. 2008).
- Kruse v. Mckenna, 178 P.3d 1198 (Colo. 2008) (Amicus Curiae)
- U.S. Fax Law Center, Inc., v. iHire, Inc., 476 F.3d 1112 (10th Cir. 2007)
- U.S. Fax Law Center, Inc., v. iHire, Inc., 362 F.Supp.2d 1248 (D.Colo. 2005)
- Preserve at the Fort, Ltd. V. Prudential Huntoon Paige Assoc., 129 P.3d 1015 (Colo. App. 2004)
- U.S. Fax Law Center, Inc. v. iHire, Inc., 374 F.Supp.2d 924 (D.Colo. 2005)
- Kansas Supreme Court, Hon. Fred N. Six, 1998-2000
- Eminent Domain at 10,000 feet: Overview of an Eminent Domain Proceeding
ALI ABA 2010 Condemnation 101
- Real Estate Law
IRWA SR/WA Comprehensive Exam Review Seminar (2008)
- Schulhoff and Vail Associates 40 Years Later
CLE International (2008)
- Must Compensation Be Fair to the Condemner and Condemnee?
CLE International (2008)
- Regulating Faxing Activity under State and Federal Law
Colorado Lawyer (2005)
- Covenants Against Competition in Franchise Agreements
ABA (Peter Klarfeld, ed. 2d ed. 2003) (Colorado Chapter Author)
- Rocky Mountain Mineral Law Foundation
- International Right-of-Way Association
Related Practices
Construction Litigation
Eminent Domain
Natural Resources Litigation
New Energy
Real Estate Litigation
Related Industries
Energy
Natural Resources
New Energy, Clean Technology and Climate
Education
University of Kansas School of Law
J.D., Law Review (1998)
Colorado State University
B.A., Dean's List (1995)
News
13-March-2009 - Brandee Caswell and Nina Wang Named to Denver Business Journal's "Forty Under 40"
08-December-2008 - Faegre & Benson Expands Partnership in U.S. and U.K.
Bar Admissions
Colorado
Kansas
Court Admissions
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the District of Kansas
U.S. Supreme Court