In today’s episode, we are joined by Scott Heiart and Michael Ash of Carlin, Ward, Ash & Heiart in Florham Park, New Jersey. Scott and Michael discuss the unique aspects of redevelopment law in the state of New Jersey, as well as how they teamed up from opposite sides of the aisle to represent property owners. We learn about current issues and projects in New Jersey and talk about the importance of coupling zealous advocacy with professionalism and courtesy. Michael’s book recommendation: Ea...
Apr 15, 2022•33 min•Season 1Ep. 88
Jeremy Hopkins of Cranfill Sumner in Raleigh joins the show to talk about identifying what he calls the “Big 3” categories of issues in eminent domain cases, a topic he presented at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference in January. He also shares the unique elements of condemnation law in North Carolina, as well as his work in the protection of property rights on the legislative side in Virginia and Utah. Jeremy’s Book Recommendation: The American Covenant by Marsha...
Apr 01, 2022•21 min•Season 1Ep. 87
Christina Thoreson, SR-WA, MAI, CRE joins the show to talk about appraisals and the valuation process, and how to present this information to a jury. She shares examples of tips she uses when testifying. We also talk about changes in the appraisal industry due to the pandemic. Christina’s book recommendations: Necessary Endings and Integrity by Dr. Henry Cloud Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint . If you have thoughts about future show guests o...
Mar 15, 2022•23 min•Season 1Ep. 86
Bob Grace, MAI, CRE joins us from the national Eminent Domain and Land Valuation Litigation Conference to discuss capitalization rates. We discuss both what a cap rate is and, importantly, some thoughts on how to explain this nebulous concept to a jury. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint . If you have thoughts about future show guests or ideas for episodes, please let me know.
Mar 01, 2022•13 min•Season 1Ep. 85
In today’s episode, Professor Julia Mahoney of the University of Virginia School of Law joins the podcast live from the ALI-CLE Eminent Domain and Land Valuation Litigation conference in Scottsdale to talk about last year’s Supreme Court decision in Cedar Point Nursery v. Hassid . We discuss how the case fits into the general direction of this Court’s decisions, and what may be on the horizon for property rights at the U.S. Supreme Court. Listeners of this podcast are encouraged to check out the...
Feb 15, 2022•16 min•Season 1Ep. 84
Josh Baker, partner at the Waldo & Lyle law firm in Virginia, joins the show live from the 2022 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Scottsdale, Arizona to talk about temporary construction easements and how to value them. Josh highlights important considerations when applying market principles to what can be an indefinite burden on the property. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint . If you have thoughts about ...
Feb 02, 2022•17 min•Season 1Ep. 83
Bob Belden of the Institute for Justice joins the show to discuss a matter arising out of Onondaga County, New York, where homeowners in the Burnet Road community are fighting for their property against a taking for a prospective transaction with a manufacturing facility. Bob tells us about the Burnet Road community, the similarities of this situation to Kelo v. City of New London , and the current legal environment on economic development takings in the State of New York. More about the matter ...
Jan 19, 2022•22 min•Season 1Ep. 82
Professor Emilio Longoria of St. Mary’s University School of Law joins the show to discuss his recent article, Lech’s Mess with the Tenth Circuit: Why Governmental Entities Are Not Exempt from Paying Just Compensation When They Destroy Property Pursuant to Their Police Powers . Professor Longoria gives an overview of the facts of Lech v. Jackson as well as his criticism of the court’s opinion. He also explains where he believes the court went wrong in its application of three important Supreme C...
Jan 03, 2022•38 min•Season 1Ep. 81
For this special episode of the podcast, past guests and friends share their favorite holiday traditions, and Robert Thomas tells us what we can look forward to at the 2022 Eminent Domain and Land Valuation Litigation Conference. Thanks to Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, Adam Sanders, and Robert Thomas for contributing. Happy Holidays, everyone! Click here for more information on t...
Dec 17, 2021•38 min•Season 1Ep. 80
U.S. Magistrate Judge Andrew Edison has devoted much time and research to the life and legacy of Robert Moses, a former Parks Commissioner who had a broad and deep impact on the development of New York City’s infrastructure over a period of 50 years. Moses’ career in many ways provides a study of the human cost of eminent domain for different socio-economic communities. Judge Edison’s insight into Moses’ legacy is relevant to today’s discussions surrounding the potential impacts of the currently...
Dec 01, 2021•41 min•Season 1Ep. 79
Eminent Domain attorneys Phil Sever, Tonny Storey, and Jordan Walker of Indianapolis-based Sever Storey, LLP join the show today to talk about a class-action lawsuit involving inverse condemnation claims related to the use of underground caverns for natural gas storage. The case has recently been certified by a federal court in Pennsylvania, an uncommon achievement among inverse condemnation cases. We discuss the case and how its substantive and procedural background has led the team to where th...
Nov 15, 2021•32 min•Season 1Ep. 78
Eminent domain attorney Jay Small of Mateer Harbert in Orlando joins the podcast to discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services . We discuss whether this case opened the door to challenging the moratorium as a compensable taking, and Jay brings a prescient analysis of the opinion. We also discuss the Court’s citation of Loretto , the shift of economic risk to landlords, as well as what Jay notes is a curious omission of Yee v. City o...
Nov 01, 2021•44 min•Season 1Ep. 77
Today, we’re joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. Professor Fennell has recently written an article for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery . In today’s interview, we have a great discussion of her article, which gives a creative and detailed analysis of the Supreme Court’s Cedar Point opinion. In particular, the articl...
Oct 15, 2021•38 min•Season 1Ep. 76
Casey Pipes, managing partner at the Helmsing Leach law firm in Mobile, Alabama, joins the show to discuss an emerging issue: the legislated expansion of existing utility easements to allow access by private broadband companies to install data cables. We discuss the motivation for and constitutional issues of these statutes, as well as current and potential implications for property owners. An interesting subtopic is how these issues specifically affect railroads, and what these types of statute...
Oct 01, 2021•26 min•Season 1Ep. 75
Steve owns and operates a construction business, and he is also a construction cost estimator with over 45 years of experience in the construction industry. He discusses the differences between a cost estimate prepared by a construction cost estimator and one prepared by an appraiser. Steve shares his thoughts on when it would be of value for a property owner or attorney to seek the expertise of a construction cost estimator. We also dive into what Steve terms the “perfect storm” of events over ...
Sep 15, 2021•24 min•Season 1Ep. 74
Patrick McCallister, Right-of-Way Acquisition Manager at WSP-USA, and Beth Smith, Real Estate Specialist at Milwaukee Metro Sewage District, have founded the Eminent Domain and Right of Way Club, a discussion forum for right-of-way professionals and anyone interested in the acquisition of land rights for infrastructure projects. They join us today to discuss how the group started, the value of connecting with fellow professionals in the industry, and future plans for the group. Facebook Group: h...
Aug 31, 2021•23 min•Season 1Ep. 73
Ivy Cadle, shareholder of the Baker Donelson law firm in their Atlanta and Macon, GA offices, joins us to discuss condemnation clauses in commercial leases. Ivy emphasizes that the lease will dictate a lessee’s approach to the case, and we touch on some of the important factors in that approach, including notice provisions and division of settlements. Check out Ivy’s excellent webinar on condemnation clauses: https://www.bakerdonelson.com/webinar-commercial-leases-and-takings-how-to-leverage-you...
Aug 16, 2021•36 min•Season 1Ep. 72
FERC expert Carolyn Elefant joins us to discuss the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey . As always, she brings great insight. This case discusses, among other things, the balance between state rights and the federal power to condemn. A copy of the opinion can be found here: https://www.supremecourt.gov/opinions/20pdf/19-1039_8n5a.pdf We discuss Carolyn’s blog site, My Shingle , which can be found here: https://myshingle.com/ Please share your thoughts on the...
Aug 05, 2021•25 min•Season 1Ep. 71
Business development expert and guru Steve Fretzin joins the podcast to discuss how to find and build relationships with clients. As eminent domain professionals, we have decided what types of clients we want to target. Steve talks about the practices we can undertake to find those clients and building lasting relationships.
Jul 19, 2021•34 min•Season 1Ep. 70
Professor Josh Blackman of the South Texas College of Law joins us for Episode 69 of the podcast to discuss the Cedar Point Nursery v. Hassid case recently released by the U.S. Supreme Court. Here is a link to the case: https://www.supremecourt.gov/opinions/20pdf/20-107_ihdj.pdf
Jul 02, 2021•18 min•Season 1Ep. 69
Robert Thomas of inversecondemantion.com and the Pacific Legal Foundation returns for Episode 68 of the podcast to discuss current cases to know.
Jun 29, 2021•1 hr 1 min•Season 1Ep. 68
Episode 67 of the podcast focuses on how our juries might view institutions and experts differently now than they did before the Covid-19 pandemic. Do we have to present experts differently than we did before? This episode also discusses corridor valuation theory and a case pending in Texas that may change the law in this area called Hvalinka v. HSC Pipeline Partnership, LLC , 605 S.W.3d 819 (Tex.App.-Houston[1st Dist.] 2020, pet. pending). Please share your thoughts on the show or this episode ...
Jun 17, 2021•30 min•Season 1Ep. 67
In Episode 66 of the podcast, my friend and law partner, Jody Sodd McSpadden, joins to discuss her wisdom for seeking excellence while being a very involved lawyer, mom, spouse, and community leader. She shares some outstanding wisdom and I'm pleased she was willing to share it with the podcast audience. Of particular interest to me was her discussion about differentiating between passion and anger when advocating for a client.
May 12, 2021•27 min•Season 1Ep. 66
Daniel Garodnick joins to discuss the incredible true story of how one middle class community defeated the largest residential real estate deal in American history. Lifetime New York City resident and former City Councilman Dan Garodnick recounts how his neighbors stood up to mammoth real estate interests and successfully fought to save their homes, delivering New York City's biggest-ever affordable housing preservation win. His story has been recorded in the recently released book Saving Stuyve...
Apr 05, 2021•33 min•Season 1Ep. 65
Adam Sanders of Baker Donelson joins to discuss cases involving governmental takings of privately-owned utilities. Adam shares issues that arise in these cases, including how such entities are valued. At the end of the interview, Adam shares his experience about selling Bitcoin way too early and his initial reluctance to entering the field of law.
Mar 21, 2021•54 min•Season 1Ep. 64
Matt Hurt of Dawson & Sodd joins to share stories about picking juries. One of the cases that Matt discusses is State v. Johnson. The appellate decision can be found here: https://casetext.com/case/state-v-johnson-5435 As a civil engineer, Matt also shares some thoughts about engineering issues that arise in eminent domain cases. Matt's bio can be found here: https://www.dawsonsodd.com/attorneys/matt-hurt/ Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clin...
Feb 24, 2021•41 min•Season 1Ep. 63
In Episode 62 of the podcast, Anthony DellaPelle of McKirdy Riskin Olson & DellaPelle in Morristown, NJ joins to discuss the current status of Covid-related takings litigation. Tony's recent article on the subject published by the ABA can be found here: https://www.americanbar.org/groups/litigation/committees/real-estate-condemnation-trust/articles/2021/is-covid-19-still-a-public-health-emergency/ Some cases discussed during the podcast: Armstrong v. U.S. Home Building & Loan Ass'n v. Bl...
Feb 08, 2021•47 min•Season 1Ep. 62
In Episode 61 of the podcast, the tables are turned and Clint Harbour of the Texas Attorney General's Office takes over the podcast host chair and interviews me (Clint Schumacher). We share a few stories and hopefully share some insights you can use in your practice. Clint Harbour did a great job as the host!
Jan 24, 2021•58 min•Season 1Ep. 61
Robert Thomas joins for Episode 60 of the podcast to discuss the changes to this year's ALI-CLE Eminent Domain Conference. As Robert will explain, this year's conference will be virtual. Sign up for the conference here: https://www.ali-cle.org/course/Eminent-Domain-Land-Valuation-Litigation-2021-VCCF0128 In the closing argument, I discuss choosing my One Word for 2021. Information about the One Word book by Jon Gordon, Jimmy Page, and Dan Britton is here: https://www.amazon.com/Word-That-Will-Ch...
Jan 05, 2021•33 min•Season 1Ep. 60
Justin Hodge joins for Episode 59 of the podcast to discuss a story of his best friend's dad showing up as a veniremen in a condemnation case, Justin's mentors, and a book someone gave Justin when his grandmother passed away ( Imagine Heaven ).
Dec 23, 2020•30 min•Season 1Ep. 59
