Welcome to Episode 28 of the Eminent Domain Podcast. We have a great episode for you that we recorded from the ALI 2019 Eminent Domain and Land Valuation Litigation Conference in Palm Springs, CA. This is our second of three episodes where we are playing interviews recorded during the conference. In this episode, we are joined by Randy Smith of the Smith & Fawer law firm in New Orleans, Louisiana. Randy visits with us about an eminent domain case in Louisiana called St. Bernard Port, Harbor ...
Feb 01, 2019•35 min
On January 24-25, 2019, I recorded several episodes with presenters and attendees of the 2019 ALI Eminent Domain and Land Valuation conference in Palm Springs, California. In Episode 27 of the Eminent Domain Podcast, I play back interviews with U.S. Magistrate Judge Andrew Edison of Houston and eminent domain lawyer and blogger Stephen Clarke of Norfolk, Virginia. They are both great interviews. Judge Edison shared information about one of the most interesting taking cases in U.S. history, the c...
Feb 01, 2019•23 min
For Episode 26 of the Eminent Domain Podcast, we discuss four eminent domain cases to watch in 2019. 1. Knick v. Township of Scott. An article from the Wall Street Journal about the recent re-argument in the case: https://www.wsj.com/articles/supreme-court-hears-cases-involving-land-use-alcohol-permits-11547678921?shareToken=st6639c9e086044c66b109cb0a13b74ac9&ref=article_email_share 2. The Border Wall (Soon to be?) Cases. Articles from Professor Gerald Dickson and Ilya Somin are here: https:...
Jan 17, 2019•21 min
Welcome to Episode 25 of the Eminent Domain Podcast. Our guest today on this podcast is the Director of Trans Pecos - the Story of Stolen Land and the Loss of America's Last Frontier, Nicol Ragland. Nicol is both a documentary director and photographer who has spent a career using the visual media to spark discussion into humanity’s relationship to culture and nature. This is a different type of show than we have had before on the podcast. Ms. Ragland, until starting the work on the Trans-Pecos ...
Jan 01, 2019•17 min
Dec 17, 2018•31 min
Dec 04, 2018•49 min
In Episode 22 of the Eminent Domain Podcast, we have a great episode for you titled "Condemnation Issues in Colorado." Our guest is Sarah Kellner. Sarah is a partner with the Faegre Baker Daniels law firm resident in their Denver office. We have an interesting and informative conversation with Sarah about the eminent domain process in Colorado, the inseparability doctrine, some constitutional amendments that were proposed in Colorado, and Sarah's favorite holiday, Halloween. Among other cases th...
Nov 15, 2018•33 min
In Episode 21 of the Eminent Domain Podcast, we have a great episode for you titled "Hospitality Condemnation from the Client Side." Our guest today is Ellison Riley. Ellison is Director of Real Estate for CorePoint Lodging in Irving, Texas. Both in her role with CorePoint and in her prior role with La Quinta, Ellison has overseen and managed a number of complex condemnation acquistions. We have an interesting and informative conversation with Ellison about the eminent domain process through the...
Oct 31, 2018•26 min
Our guest today is Christian Torgrimson. Christian is a founding partner in the firm of Pursley Friese & Torgrimson in Atlanta, Georgia and an excellent condemnation lawyer. We have an interesting and informative conversation with Christian about the eminent domain process in Georgia and we also cover some great practice pointers about getting a witness prepared to testify effectively . A link to Christian’s bio is here: http://pftlegal.com/ourteam/torgrimson/ In our opening statement, we di...
Oct 16, 2018•27 min
In Episode 19 of the Eminent Domain Podcast, we have a great episode for you that we are calling “Eminent Domain and Public Use Issues In New Jersey.” Our guest today is Anthony DellaPelle. Anthony is a partner in the firm of McKirdy Riskin Olson DellaPelle in Morristown, NJ. Anthony’s practice focuses on eminent domain, redevelopment law, and real estate tax appeals. We have an interesting and informative conversation about a number of eminent domain issues in New Jersey, including an interesti...
Oct 01, 2018•44 min
In Episode 18 of the Eminent Domain Podcast, we are excited to be back after a brief hiatus, a change in law firms, and a rebuild of our website infrastructure. As we return, we have a great episode for you that we are calling “Williamson County – Revisited or Six Degrees of Robert Thomas ” as our guest today is Robert Thomas. Robert is our first 2nd time guest. Robert is the editor, curator, and author of the very popular blog, www.inversecondemnation.com . Robert joined us from Williamsburg, V...
Sep 13, 2018•50 min
In Episode 17, Bennett Ratliff joins us to talk about estimating construction costs and how a civil engineer can assist with eminent domain valuation issues. Bennett and his company the Ratliff Group can be found here: http://www.ratliffgroup.com/ In our opening statement, we discuss the recent trial court opinion from the U.S. Court of Federal Claims in Phase I of Ideker Farms v. U.S. The opinion can be accessed here: https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2014cv0183-426-0 Also, ...
Apr 02, 2018•26 min
T. Christian Miller In Episode 16, T. Christian Miller of ProPublica joins us to talk about ProPublica’s series of articles on the Border Wall. The excellent series can be found here: https://www.propublica.org/series/the-taking In our opening statement, we discuss the new pipeline project by PennEast running from Pennsylvania to New Jersey. More information can be found at PennEast’s website: http://penneastpipeline.com/news/ Also, please share your thoughts on the show or this episode with me....
Feb 28, 2018•25 min
Mark Miller In Episode 15, Mark Miller of the Pacific Legal Foundation joins us to talk about three cases that PLF is involved in presently, including the case of Ganson v. City of Marathon in which the U.S. Supreme Court recently denied certiorari. Mark was a very entertaining and informative guest. Ganson v. City of Marathon Marquette County Road Commission v. EPA Pacetta v. Town of Ponce Inlet Some other helpful links: The Pacific Legal Foundation blog on the Ganson case The Pacific Legal Fou...
Feb 06, 2018•44 min
The Sos/Roaring Fork Transit Authority Wall. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon – http://caselaw.findlaw.com/fl-district-court-of-appeal/1749304.html Sammons v. United States of America – http://caselaw.findlaw.com/us-5th-circuit/1864827.html Sos v. Roaring Fork Transportation Authority – https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2017/16CA1198-PD.pdf Schmitz v. Denton County Cowboy Church and the Town of Ponder – http://caselaw....
Jan 16, 2018•25 min
Professor Jamila Jefferson-Jones In Episode 13, Professor Jamila Jefferson-Jones joins us to discuss the sharing economy, regulations on short-term rentals, and how such regulations might rise to the level of a unconstitutional taking. In the opening statement, my colleagues and I discuss some of our favorite holiday traditions. Professor Jefferson-Jones bio page is here: https://law.umkc.edu/directory/faculty-directory/name/jamila-jefferson-jones/ Professor Jefferson-Jones twitter handle: @Jami...
Dec 15, 2017•28 min
Ms. Lisa Harrison In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. Ms. Harrison is one of the leading experts on the Uniform Relocation Assistance and Real Property Acquisition Act and is an enthusiastic and informative guest. In the opening statement, we discuss the case of Long v. State from the State of South Dakota. The recently released opinion can be found here: http://ujs.sd.gov/uploads/sc/...
Dec 04, 2017•33 min
Professor Maureen Brady In Episode 11, Professor Molly Brady from the University of Virginia joins us to discuss damaging clauses and her recent law review article. She has done some great research and is an enthusiastic and informative guest. In the opening statement, we discuss the case of Brott v. United States. The recently filed Petition for Writ of Certiorari can be found here: http://www.inversecondemnation.com/inversecondemnation/2017/11/new-cert-petition-property-owners-entitled-to-jury...
Nov 16, 2017•34 min
In Episode 10, I share some thoughts around negotiating for a change in a project to benefit the utility of the remainder property. I also discuss the National Environmental Policy Act or NEPA. More information on NEPA can be found at 40 CFR 1508. In the opening statement, in honor of Halloween, I discuss an article from the Columbus Dispatch regarding a proposed condemnation of a haunted house by an Ohio school district. The article can be found here: http://www.dispatch.com/news/20171024/schoo...
Oct 31, 2017•25 min
In Episode 9, I share a recent presentation regarding valuation of special use properties. During that presentation, I also touched upon the little discussed concept of “manifest injustice” that is in U.S. Supreme Court jurisprudence. In the Opening Statement, I discuss the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970. Cases discussed include: Religious of the Sacred Heart of Texas v. City of Houston , 836 S.W.2d 606 (Tex. 1992) Barnhart v. Brinegar , 362 F.Sup...
Oct 03, 2017•34 min
Derrick Carson Derrick Carson joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast Texas, and a discussion of how the government’s decision to flood certain properties to stave off greater damage could result in inverse condemnation claims for those people impacted. Derrick resides in Kingwood, one of the most impacted neighborhoods, and gives a first hand account of helping his neighbors clean up following the disaster and sharing his home with a family that ...
Sep 18, 2017•41 min
Professor Vanessa Casado Perez Professor Vanessa Casado Perez of the Texas A&M School of Law in Fort Worth, Texas joins us to discuss water law and how it intersects with the eminent domain world. We discuss the differing legal systems applicable to water in U.S., the Owens Valley California Water Wars, the Tulare Lake Basin Water Storage District case, the Casitas Municipal Water District Case, and the Edwards Aquifer Authority v. Day case. Professor Casado Perez also gave some great movie ...
Sep 01, 2017•46 min
Dr. Robert Gordon Dr. Robert Gordon, one of the leading trial and settlement scientists in the country, joins us to discuss issues relating to presenting a condemnation case to a jury. Dr. Gordon discusses how a juror’s personal experiences influence their view of the case and how the most credentialed expert may not be the best expert. We also have references to Yoda, Superman, Wonder Woman, and Spider Man! Dr. Gordon can be found here: http://www.virtualjury.com/ More information on the refere...
Aug 15, 2017•36 min
Shane Rayman We go international in Episode 5 with Shane Rayman of Rayman Beitchman LLP in Toronto, Ontario. Shane discusses how the eminent domain process works in Canada, including a discussion on the right to take, the full compensation system, and interesting projects taking place in Ontario. In the Opening Statement, Jeff Mead discusses Municipal Tree Ordinances, including the recent Texas Attorney General Opinion about when such ordinances may constitute regulatory takings. Shane also give...
Jul 31, 2017•34 min
Ilya Somin In Episode 4, we are joined by Professor Ilya Somin of the George Mason School of Law. Professor Somin is one of the leading thinkers and writers in the eminent domain community. Professor Somin joins us to talk about Murr v. Wisconsin, but also we veer off into other topics, including property rights in China. He was an outstanding guest! My colleague, Alex LoCasto, also joins to talk about an interesting summary judgment decision in Sabal Trail v. Real Estate out of Florida. The iss...
Jul 15, 2017•40 min
Lance Coyle, MAI In Episode 3, Jeff Mead discusses the U.S. Supreme Court’s recent decision in Murr v. Wisconsin and the denial of the petition for writ of certiorari in Bay Point Properties v. Mississippi Transportation Commission . Our featured guest is Lance Coyle, former President of the Appraisal Institute. Lance answers the questions: What is an MAI? What is a CCIM? Lance also discusses emerging issues in the appraisal world: (i) how does the appraiser distinguish business value from real ...
Jun 27, 2017•44 min
Efren Olivares of the Texas Civil Rights Project discusses the Border Wall project and the impact on property owners along the U.S.-Mexico border. Efren also gives his recommendation for ordering brunch in south Texas. Efren can be found at www.texascivilrightsproject.org or by email at efren@texascivilrightsproject.org . The podcast is available for download on ITunes or Stitcher. Please subscribe. You can email me at jschumacher@lockelord.com or follow me on Twitter at J_Clint . Let us know wh...
Jun 10, 2017•29 min
Robert Thomas discusses the Honolulu Rail Project, recent cases about how to determine the right parcel (the three “unities”), the ALI-CLE Eminent Domain Conference, and Kevin Bacon. Robert’s fine work can be found at www.inversecondemnation.com . The podcast is available for download on ITunes or Stitcher. Please subscribe. You can email me at jschumacher@lockelord.com or follow me on Twitter at J_Clint . Let us know what you would like to hear about or who you would like to hear from. The post...
May 25, 2017•38 min
