The Eminent Domain Podcast

The Eminent Domain Podcast

The Eminent Domain Podcast covers topics about condemnation and property rights law from the most influential players in the eminent domain community.

Episodes

September 15, 2023 44 mins

James Lang of the Pender & Coward law firm joins the podcast to talk about the recent U.S. Supreme Court decision in Sackett v. EPA.  He also discusses the historical definitions used for the term “waters of the U.S.,” important in understanding the jurisdiction of the federal government to regulate land under or adjacent to waterways. 

 

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Deborah La Fetra of the Pacific Legal Foundation joins us to talk about the case of Financial Oversight and Management Board for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa, a unique case where the boundaries of just compensation and governmental restructuring collide.  Deborah and PLF served as counsel for several of the unpaid property owners.

Additionally, Professor James...

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In some jurisdictions, the loss of business goodwill is compensable in condemnation cases. Chartered Financial Analyst and Accredited Senior Appraiser Will Thomsen joins the show to discuss the factors that con...

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David Koller of Cushman & Wakefield’s Chicago office joins the show to discuss his specialization of machinery and equipment valuation. We talk about the methodology involved, some unique examples of his work, how equipment appraisers collaborate with other professionals in the valuation process, and David’s advice to proper...

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Personal injury attorney and trial consultant Elizabeth Larrick joins the show to share her wisdom on preparing witnesses for deposition. We talk about assessing the strengths and weaknesses of witnesses, using preparation time effectively, the tools and technology she finds useful, and encouraging hesitant clients. Elizabeth’s expertise is invaluable, ...

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Richard Marchitelli and Cory Savik join the podcast to talk about their work in a series of inverse condemnation cases arising in North Carolina when the State sought to restrict or prohibit development within corridors where they planned future projects.

 

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Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence.  There are some great nuggets of wisdom. 

 

Ple...

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Mike Schopmeyer and Michael DiRienzo of Kahn, Dees, Donovan & Kahn, LLP in Evansville, Indiana join the show to talk about a case that they recently completed and took through appeal called Guzzo v. Town of St. John. It is an interpretation of Indiana’s post-Kelo legislation and also involves issues of highest and best use. Since the recording of this podcast, the India...

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In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the Penn Central test, why he wants to change it, and what he is doing about it.  We also discuss NY Jets football and the big Aaron Rodgers trade. 

 

Please share your thoughts on the show or this ep...

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This episode is the audio from a presentation given to the local International Right of Way Association on the topic of obstacles that arise in negotiations. It is a candid discussion about issues that arise on either side of an eminent domain negotiation that create friction.

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Kady Valois of Pacific Legal Foundation joins to discuss the recent case of Behrens v. United States from the Federal Circuit.  This is a rails-to-trails case where the outcome hinged on the language of an old easement.  The issues in this case have applicability in many typ...

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The person who is unafraid to show their authentic self is a powerful advocate. Authenticity gives us greater empathy for our clients, for the jury, even for opposing witnesses. Today’s episode is about identifying our core values and understanding our authentic self – important processes for excelling in all areas of life, ...

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Chris Clough, Managing Partner for Barron, Adler, Clough and Oddo, PLLC in Austin, Texas joins us to talk about an eminent domain case involving the Austin airport. The Special Commissioners awarded Chris’s client $90 million. We also talk about Texas condemnation procedure, as well as how he got into the eminent domain prac...

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March 1, 2023 24 mins

In this episode, Sydney Young joins to talk about her hometown of Paris, Texas, and the effect of an expansion of its main roadway, Loop 286. She also talks a...

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This special joint episode of the Eminent Domain Podcast and the Infrastructure Junkies features civil rights lawyer turned eminent domain lawyer turned major city mayor, Steve Adler.  The former mayor of the City of Austin joins us to talk about his p...

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February 1, 2023 36 mins

Kevin Twining, a partner in Locke Lord, LLP’s Dallas office and co-chair of the firm’s public finance group, joins us to discuss financing for large infrastructure projects. Sometimes that means accessing the public markets, sometimes it means financing through private banks. Kevin gives us a look behind the curtain to see how public entities acquire the funds for the projects that eminent domain practitioners work on.

 

If you wil...

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Professor Jessica Asbridge of Baylor Law joins the podcast to discuss her upcoming law review article addressing the private delegation of the eminent domain power.  We have an insightful conversation that concerns the law and policy around private companies, such as pipelines, that exercise the eminent domain power, why that exercise is often subject to scant regulation, and the effect of that lack of oversight.  Professor Asbridg...

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December 20, 2022 30 mins

Many thanks to our twelve past podcast guests who joined to share some special memories and traditions from holidays in the past, or events they are looking forward to this year.  This was some great content, and I hope it will spur your own sweet memories, or maybe give you ideas for time with friends or family this year.

Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts ...

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Shane Rayman of Rayman Harris LLP in Toronto, Ontario joins the show to discuss a recent case out of the Supreme Court of Canada, Annapolis Group, Inc. v. Halifax Regional Municipality. Shane served as counsel for the Canadian Home Builders’ Association, an intervenor in the case. The case deals with regulatory takings, and we discuss Canadian law around such takings. Shane makes a compelling case for why someone who is not impacte...

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Today, we are joined by the leaders of Pike Off OTA, a grass-roots organization formed initially to prevent the development of two proposed turnpikes, the East-West Corridor and the South Extension, that are in the vicinity of Oklahoma City.  Dr. Michael Nash, President, Whitney Mullica, Vice-President, and Dr. Amy Cerato, Board Member, talk to us about why they formed the organization and how their mission has expanded to oppose w...

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