Jeff Meader of Eminent Domaine wine joins the podcast to give a landowner's perspective on experiencing eminent domain. Jeff formerly owned a commercial building in Portland that was taken by a local metro transit authority to install a light rail line. After that experience, Jeff took the proceeds and started a winery. In the episode, Jeff talks about the aspects of the ED process he takes issue with, the stresses of living through the process and coordinating with his tenants, and the importan...
Jun 24, 2025•43 min
In this episode, Kristin Renfro, a California condemnation attorney, joins the show to discuss inverse condemnation and its intersection with tort law. Kristen describes her experience litigating a case involving a catastrophic landslide. She details how inverse condemnation differs from tort law in that it requires no fault—only that a public project caused damage. Kristen explains the legal and scientific challenges of proving causation, including the need for expert geological and geotechnica...
Jun 09, 2025•1 hr 10 min
In this episode, Tom Malapit and Eric Rochford--two Indiana condemnation lawyers--join Bobby to discuss a significant eminent domain case they tried last year in Indiana, which they believe is the largest jury verdict in an Indiana condemnation proceeding. They detail the challenges of the case, including the initial offer from the school corporation, taking over the case from another firm after a failed mediation, and a critical ruling on the admissibility of a prior family transaction involvin...
May 27, 2025•1 hr 10 min
A few weeks ago, Bobby was invited to give a presentation to IRWA Chapter 36’s Spring Seminar on the history of Texas’s takings provision—specifically, the evolution of the term “adequate compensation” and what difference there is, if any, between that term and the U.S. Constitution’s use of “just compensation.” This episode is a live recording of that presentation. Links: https://irwachapter36.org/ 2025 Spring Seminar: https://irwachapter36.org/meetinginfo.php?id=131&ts=1738095773...
Apr 23, 2025•57 min
Christina Martin of the Pacific Legal Foundation joins to discuss litigating Hennepin County to the Supreme Court. Christina shares some stories about moot arguments ahead of oral arguments with Paul Clement, and compares the tax foreclosure sale in Hennepin to traditional bank foreclosures. After discussing the case, Christina talks about her current work in follow up, including other property taxation issues and blight designations. Links: Tyler v. Hennepin Co. Decision: https://www.supremecou...
Apr 09, 2025•50 min
Joe Wilkinson of The Avenue Research Group joins the podcast to talk about technology in marketing for eminent domain cases. In addition to traditional mail marketing, Bobby and Joe talk about broader marketing strategy campaigns, geofencing, AI, and why marketing research should both reach clients and also inform lawyers about projects. At the end of the episode, Joe's interest in archeology becomes the basis for the cross examination. Links: Joe Wilkinson LinkedIn: https://www.linkedin.com/in/...
Mar 25, 2025•1 hr 4 min
Emilio Longoria returns to the podcast to make the argument for why condemning authorities should pay landowners' attorneys fees in eminent domain cases. Bobby plays Devil's Advocate and presents the arguments for the existing default rules. After discussing the legal background arguments, they examine a sample of different state structures as examples of how differently states handle attorneys' fees. Emilio offers some practice tips on structuring engagement letters for landowners' counsel. Lin...
Mar 10, 2025•1 hr 5 min
Robert McNamara of the Institute for Justice joins to talk about his oral argument to the Supreme Court of the United States in Devillier v. Texas. Robert discusses how he prepared for argument, what was at stake for his client, and what it means for eminent domain practitioners more generally. In the cross exam, Robert shares how much coffee he drinks, and what minor superpower he'd like to have. Links: Devillier Opinion: https://www.supremecourt.gov/opinions/23pdf/22-913_3204.pdf The Institute...
Feb 24, 2025•50 min
In this episode, Alan Lichtenstein joins to discuss one avenue for landowners facing eminent domain to potentially minimize the tax impact of takings: 1033 Exchanges. The episode begins with a general discussion of the requirements of 1031 (or, voluntary) exchanges, which listeners may be more familiar with. Alan then explains some of the additional flexibility and options that 1033 exchanges offer for involuntary sales of property, like eminent domain. At the end, Alan shares his thoughts on wh...
Feb 17, 2025•1 hr 9 min•Season 2Ep. 11
In this episode, we interview a handful of guests--presenters, first timers, and repeat attendees from the 2025 ALI-CLE Eminent Domain and Land Valuation Conference. Note: Next Year's conference will be in Savannah, GA. Links: ALI-CLE 2025 Conference Information: https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-2025-CG204 Guest Chris Clough: https://www.barronadler.com/attorneys/christopher-clough/ Guest Angela Misch: https://www.gunster.com/people/angela-j-misch Guest...
Feb 03, 2025•23 min•Season 2Ep. 10
In this episode, David Dominy and Cameron Boone (two appraisers with JLL) discuss property access issues, and how changes in either the quality or quantity of access can impact valuation in eminent domain proceedings. Throughout, they distinguish control of access from circuity of travel issues, discuss a few of the key Texas legal principles and cases that define the scope of permitted access damages in condemnation cases, discuss the challenges of valuing a loss of access in the market, and pr...
Jan 21, 2025•49 min
Anthony DellaPelle returns to the show, this time to discuss his recent tenure as the global chair for the Counselors of Real Estate. Anthony explains what separates CRE from other real estate organizations, how he became involved, why he accepted the invitation to join its leadership, and the various activities in the organization that he has been involved with. At the end, he highlights CRE's "Top 10" issues publication for the year and how a better understanding of broader real estate issues ...
Jan 06, 2025•1 hr 3 min•Season 2Ep. 9
Robert Thomas joins Bobby Debelak to discuss the most interesting legal developments from 2024, cases to watch next term, and previews the 2025 ALI-CLE conference to be held in San Diego at the end of January 2025. At the end, a musically themed cross-examination includes Robert's dream set list of 70s bands. Links: https://pacificlegal.org/staff/robert-h-thomas/ https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-2025-CG204...
Dec 09, 2024•1 hr 18 min•Season 2Ep. 8
Bobby interviews Nick Atwood, a trial lawyer with Ritchie Rock & Atwood in Shawnee, Oklahoma. Bobby and Nick discuss the procedural process for ED cases in Oklahoma, a protracted and unique six-year case that Nick recently tried against the Oklahoma Turnpike Authority, attorneys' fees issues under OK law, and how to work with clients. Throughout, Bobby asks Nick detailed discovery, procedure, and trial strategy questions, including how to prepare clients for taking the stand, how to handle a...
Nov 25, 2024•1 hr 22 min•Season 2Ep. 7
Richard and Leah Rothstein join the podcast to discuss the history of government action that aided in the creation and enforcement of segregation in American Neighborhoods--and, importantly, what all citizens can do in their communities to undo those injustices. Mr. Richard Rothstein is a Distinguished Fellow of the Economic Policy Institute and a Senior Fellow (emeritus) at the Thurgood Marshall Institute of the NAACP Legal Defense Fund. He is the author of The Color of Law: A Forgotten History...
Nov 11, 2024•53 min•Season 2Ep. 6
Judge Andrew Edison joins the podcast to discuss the longest land takings fight in American History--the Black Hills of South Dakota land dispute--which has now spanned more than a century. An episode in legal history and includes lessons for lawyers in staying with the fight. Links: https://www.txs.uscourts.gov/page/judge-andrew-m-edison-biography Wiki write up: https://en.wikipedia.org/wiki/Seizure_of_the_Black_Hills...
Oct 28, 2024•57 min•Season 2Ep. 4
Professors Jessica Asbridge and Emilio Longoria join host Bobby Debelak to discuss their favorite property law and eminent domain papers of the last year. The scholarship covers the argument for at-will employment as a taking, originalist interpretations of the constitution, deed restrictions, the contract clause, and more. Paper Links: Michael L. Smith, Is Originalism Bulls**t? https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4749322 Maureen E. Brady, Covenants and the Contract Clause, Va. E...
Oct 14, 2024•1 hr 6 min
Tom Forestier of Winstead PC joins the show to talk about a career of litigating high profile eminent domain cases, including his work in recent years with the Austin Airport taking case and the expansion of the Alamo Plaza. Bobby and Tom discuss the growing impact of media, from the advent of social media, impacts on grassroots efforts, and handling traditional media coverage of significant cases. Links: https://www.winstead.com/People/Tom-Forestier Episode 110: Chris Clough on the Austin Airpo...
Sep 30, 2024•1 hr 18 min•Season 2Ep. 3
Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs, writing a book on Kelo (The Grasping Hand) a decade after the decision, and his current work on the costs of exclusionary zoning. Throughout, Bobby and Prof. Somin discuss the common ground that otherwise-differing philosophies find in property law. Links: https://www.law.gmu.edu/faculty/directory/fulltime/somin_ilya https://www.cato.org/...
Sep 16, 2024•53 min•Season 2Ep. 2
The Eminent Domain Podcast returns! Clint Schumacher passes the torch (microphone) to a new host, Bobby Debelak. Clint introduces Bobby, they discuss their eminent domain experience, and plans for the show going forward.
Sep 02, 2024•24 min•Season 2Ep. 1
In this final and farewell episode of the podcast, we reflect on the many guests and therefore perspectives that we have had on the show, and the important issues we have discussed over the last several years. There is also a behind-the-scenes story from the early years of the podcast. Thank you to all the guests and listeners who have made this podcast possible. It has been a great joy and pleasure. Old episodes will remain accessible at www.eminentdomainpodcast.com . Farewell....
Mar 18, 2024•13 min•Season 1Ep. 128
Robert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February. Click here for information and registration for the ALI-CLE conference. Please share your thoughts on the show or this episode with me. I’m on X @J_Clint . If you have ...
Dec 01, 2023•49 min•Season 1Ep. 127
Investigative journalists Brandi Kellam and Louis Hansen have uncovered the story of the Shoe Lane community in Newport News, Virginia, a middle-class black neighborhood that has been largely displaced and thwarted in its plans for growth by the establishment and expansion of a local university. Louis and Brandi’s work underlines the true impacts of community displacement in the wake of eminent domain, and the groups who disproportionately suffer those impacts. Find their work here: https://vcij...
Nov 15, 2023•37 min•Season 1Ep. 126
Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters such as the recent Hawaii wildfires. Professor Saxer’s book: Social Ecological Resilience and Sustainability Please share your thoughts on the show or this episode with me. I’m on X @J_Clint . If you have thoughts about future show guests or ideas for episodes, please let ...
Nov 07, 2023•29 min•Season 1Ep. 125
The overwhelming majority of eminent domain cases settle, and Stephen Clarke of the Waldo & Lyle law firm in Virginia joins the show today to share insights on negotiating and documenting settlement agreements effectively. We also talk about his most recent appearance on the game show Jeopardy! Please share your thoughts on the show or this episode with me. I’m on X @J_Clint . If you have thoughts about future show guests or ideas for episodes, please let me know....
Oct 24, 2023•34 min•Season 1Ep. 124
Matthew Ackerman of the Ackerman & Ackerman law firm in Michigan joins the show to discuss what he has called “the pitfalls of objectively measured just compensation” – in other words, the ways in which fair market value may not make a property owner whole in the wake of a taking. Matthew also dives into potential reforms to address the intangible losses common in takings. Read more about this issue in his blog post here . Please share your thoughts on the show or this episode with me. I’m o...
Oct 09, 2023•27 min•Season 1Ep. 123
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. Texas A&M Associate Professor Tiffany Dowell Lashmet writes on the EPA’s recently revised WOTUS definition here: https://agrilife.org/texasaglaw/2023/09/0...
Sep 15, 2023•45 min•Season 1Ep. 122
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 Stern of William & Mary Law School joins to talk about the Brigham-Kanner Property Rights Conference s...
Sep 07, 2023•28 min•Season 1Ep. 121
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 contribute to business goodwill, how he measures the impact of a taking on business goodwill, the evidence he relies on to support his valuations, and common challenges to appraising business goodwill in a condemnation case. Please share your thoughts on the show or this episode with me. I’m ...
Aug 17, 2023•32 min•Season 1Ep. 120
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 property owners with a need for machinery and equipment valuation. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint . If you have thought...
Aug 01, 2023•18 min•Season 1Ep. 119
