Paul G. Henry

PAUL G. HENRY received his undergraduate degree in 1987 from Missouri State University where he graduated cum laude and his law degree in 1990 from Washington University, St. Louis. He serves as the only Missouri member of the Owners’ Counsel of America. This organization is by invitation only and consists of fewer than 50 eminent domain attorneys from across the entire United States who represent property owners in eminent domain/condemnation.

He served for over ten years as the Chair of the Missouri Bar Committee on Eminent Domain.

Paul has served the Missouri Bar in many capacities over the years. He twice has served as the Chair of the Eminent Domain Committee. In the past, he has served as a member of the Board of Governors and as chair of several committees. His efforts on behalf of the Bar were recognized when he was awarded the Distinctive Service Award by the Solo and Small Firm Committee of the Missouri Bar.

Mr. Henry was an Associate Editor of the Washington University Law Quarterly and is the co-author of numerous publications on eminent domain law, including: Trial of Exceptions in Missouri Condemnation Cases, St. Louis Bar Journal (Spring 2007); Inverse Condemnation: Airplane Noise and Damages,” The Southwestern Legal Foundation, 1995; and two chapters in the Missouri Condemnation Practice Handbook (Third Edition, 2002 Supp.), co-authoring chapters on Inverse Condemnation and Taxation. He is a former Editor of the American Bar Association Committee on Condemnation Newsletter. Mr. Henry is a frequent speaker on issues pertaining to eminent domain law. Another interest of Mr. Henry is the use technology in the practice of law. He has held the position of Chair of the Missouri Bar Committee on Technology and Computer Law.

Areas of Practice

• Condemnation and Inverse Condemnation
• Eminent Domain

Litigation Percentage

• 90% of Practice Devoted to Litigation

Bar Admissions

• Missouri, 1990
• U.S. District Court Eastern District of Missouri, 1990
• U.S. District Court Western District of Missouri, 2013

Education

• Washington University School of Law, St. Louis, Missouri
  J.D. - 1990
• Law Review: Washington University Law Quarterly, Associate Editor, 1988 - 1990
• Southwest Missouri State University, Missouri
  B.A. cum laude - 1987

Published Works:

• Missouri Condemnation Practice Handbook, (Co-Author), Fourth Edition, 2009
• Inverse Condemnation: Airplane Noise and Damages”, (Co-Author), The Southwestern Legal Foundation, 1995
• “Trial of Exceptions in Missouri Condemnation Cases”, (Co-Author), St. Louis Bar Journal, Spring, 2007
• Missouri Condemnation Practice Handbook, (Co-Author), Third Edition, Supp., 2002
• “Federal Income Tax Considerations, Missouri Condemnation Practices”, 3rd Ed

Significant Appellate Decisions:

• Bi-State Dev. Agency of Missouri-Illinois Metro. Dist. v. Nikodem, 859 S.W.2d 775 (Mo. Ct. App. 1993) - Established rule that tenant is not entitled to bonus value when lease, by its own terms, terminates at the time of the taking
• State ex rel. Missouri Highway & Transp. Comm’n v. McDonald’s Corp., 872 S.W.2d 108 (Mo. Ct. App. 1994) - Larger parcel doctrine prevented highway department from valuing commercial common ground as stand-alone parcel.
• State ex rel. Missouri Highway & Transp. Comm’n v. McDonald’s Corp., 934 S.W.2d 10 (Mo. Ct. App. 1996) - Highway department my not devalue a portion of a commercial center that it prevented from development to preserve the land for the road project.
• Bi-State Dev. Agency of Missouri-Illinois Metro. Dist. v. Ames Realty Co., 258 S.W.3d 99 (Mo. Ct. App. 2008) - Established use of “across-the-fence” valuation for special use property used as residential common ground.
• St. Louis Cnty. v. Berck, 322 S.W.3d 622 (Mo. Ct. App. 2010) - Agency required to pay interest for abandonment when it permitted its deadline to complete acquisition of property in condemnation to pass.
• St. Louis Cnty. v. River Bend Ests. Homeowners’ Ass’n, 408 S.W.3d 116 (Mo. 2013) - Upheld constitutionality of Heritage Value Statutes.
• City of N. Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825 (Mo. Ct. App. 2014) - Eminent domain case stopped because City did not follow necessary statutory procedures.

Representative Speaking Engagements:

• Constitutional Considerations of Statutory Multipliers for Just Compensation, NW Landowners, Bismark, ND - 2024
• Missouri Eminent Domain and Land Use Law, HalfMoon Education, Virtual - 2024
• Fighting the Power to Take, ALI-CLE, Nashville, TN – 2020
• Eminent Domain: Procedures and Requirements For Obtaining an Order of Condemnation, Missouri Municipal Attorneys – 2018
• Settlement Techniques in Eminent Domain, CLE International, 2nd Annual National Eminent Domain Conference, Las Vegas, Nevada – 2018
• Role of Civil Engineers in Eminent Domain Proceedings, CLE International, National Eminent Domain Conference, Las Vegas, Nevada – 2017
• Trial Practice and Strategy, National Business Institute, Eminent Domain From Start To Finish, Springfield/St. Louis – 2013
• Thinking Outside the Box, Missouri Bar, Property Taking Through Eminent Domain in Missouri – 2011
• Unique Issues in Condemnation, National Business Institute, St. Louis, Missouri - 2010
• Case Law and Legislative Update, National Business Institute, St. Louis, Missouri - 2010
• Eminent Domain: Key Trial Tactics, National Business Institute, St Louis, Missouri - 2008
• Environmental Contamination in Eminent Domain Proceedings, National Business Institute, St. Louis - 2006

Honors and Awards

• Best Lawyers in America
• Best Lawyers in St. Louis – Eminent Domain
• Missouri Bar Solo and Small Firm Distinguished Service Award - 2007

Professional Associations and Memberships

• Owners’ Counsel of America, Board of Directors, 2020 - Present
• Missouri Bar, Chair, Condemnation Committee, 2013 - Present
• Missouri Bar, Co-Chair, Committee on Member Benefits, 2018 - Present
• Missouri Bar, Member, Paralegals Committee, 2005 - 2007
• Missouri Bar, Chair, Solo and Small Firm Committee, 2001 - 2003
• Missouri Bar, Chair, Condemnation Committee, 1998 - 2000
• Missouri Bar, Technology and Computer Law Committee, 1996 - 1998

Charities

• Trailnet, Inc., Board of Directors, 2020 – Present

Fraternal Organizations

• Phi Kappa Phi
• Phi Alpha Delta
• Phi Delta Phi