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, and she shares an experience that illustrates our highest calling as trial lawyers – empowering our clients to tell their own stories. Check out ...
Jul 17, 2023•37 min•Season 1Ep. 118
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. 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.
Jul 03, 2023•33 min•Season 1Ep. 117
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. 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....
Jun 19, 2023•23 min•Season 1Ep. 116
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 Indiana Supreme Court denied further review in this case, making the decision of the Court of Appeals that we discussed on the p...
Jun 02, 2023•31 min•Season 1Ep. 115
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 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.
May 19, 2023•35 min•Season 1Ep. 114
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. 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....
May 02, 2023•42 min•Season 1Ep. 113
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 types of cases involving the acquisition of easement rights. 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...
Apr 17, 2023•31 min•Season 1Ep. 112
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, including the honorable task of speaking for our clients. NOSCE TE IPSUM: Being Authentic with the Trier of Fact . This is the paper prepared and presented by Christian Torgr...
Apr 04, 2023•17 min•Season 1Ep. 111
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 practice area. 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, plea...
Mar 16, 2023•36 min•Season 1Ep. 110
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 about how title companies work (she owns one!). 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, 2023•25 min•Season 1Ep. 109
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 perspective on eminent domain from someone that has seen it from all sides. He shares stories from his time as Mayor, including passing a historic funding package for new infrastructure and trying to tackle the ever-growing issue of homelessness. Ple...
Feb 14, 2023•39 min•Season 1Ep. 108
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 will be in Austin for the ALI-CLE Eminent Domain Conference, please jo...
Feb 01, 2023•37 min•Season 1Ep. 107
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 Asbridge also suggests language from, of all places, the Kelo decision tha...
Jan 16, 2023•31 min•Season 1Ep. 106
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 about future show guests or ideas for episodes, please let me kno...
Dec 20, 2022•30 min•Season 1Ep. 105
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 impacted by a regulatory taking should care about someone else who is, ...
Dec 01, 2022•27 min•Season 1Ep. 104
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 what they believe to be the overreach of the Oklahoma Turnpike Auth...
Nov 16, 2022•31 min•Season 1Ep. 103
James Singer, a labor and employment attorney at the law firm of Schuchat, Cook & Werner in St. Louis, Missouri and winner of the Owners' Counsel of America's Crystal Eagle Award, joins the show today to tell the important and compelling story of Dr. H. Phillip Venable, who lost his home to a racially motivated condemnation action by the City of Creve Coeur, Missouri in the late 1950s. Mr. Singer’s extensive research and community engagement played a large role in efforts that eventually led...
Nov 03, 2022•49 min•Season 1Ep. 102
Sophia Holley, the founder of Holley Law in Cincinnati (and a former partner at KMK Law, at the time of this episode recording), joins us today to talk about right-to-take laws in her home jurisdictions of Ohio and Kentucky. She also discusses the importance of diversity in law firms, the strengths women bring to the legal profession, and how to mentor new trial lawyers. Links: www.holleylaw.com Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint . If you have...
Oct 20, 2022•33 min•Season 1Ep. 101
Joining us to celebrate 100 episodes of The Eminent Domain Podcast is long-time friend of the podcast Robert Thomas, Senior Attorney at Pacific Legal Foundation, Joseph T. Waldo Visiting Chair of Property Rights at William & Mary Law School, and elected member of the American Law Institute. Robert lets us know which eminent domain cases and issues he is following and shares reflections on law practice and life design. We also get a preview of what’s to come at the 2023 ALI-CLE Eminent Domain...
Oct 03, 2022•1 hr 2 min•Season 1Ep. 100
Jon Houghton of Pacific Legal Foundation joins the podcast today to talk about regulatory takings. This is a complex area of the law, but Jon is a true expert and breaks it down into understandable pieces. He discusses how practitioners can assess when a regulation has risen to the level of a taking. He also discusses regulatory taking issues and cases that are current. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint . If you have thoughts about future sho...
Sep 16, 2022•34 min•Season 1Ep. 99
Anthony Alderman, MRICS, SR/WA, CRE, Senior Managing Director within the Valuation & Advisory service line at Cushman & Wakefield, joins the show to talk about depictions of eminent domain in popular culture – often a juror’s only prior exposure to condemnation law. We also discuss what makes appraising for eminent domain acquisitions different from other appraisal projects as well as current issues of interest in the appraisal field. Anthony’s Blog Post: “The Netflix Series Ozark and Em...
Sep 01, 2022•38 min•Season 1Ep. 98
When the state exercises its police power and as a result damages property, is there a constitutional obligation to pay for that damage? Jeffrey Redfern of the Institute for Justice joins to podcast to discuss Baker v. City of McKinney , a case he tried and won in June of this year in the Eastern District of Texas. Jeffrey shares with us how this court arrived at a decision different from the Tenth Circuit in Lech v. Jackson . Practitioners will also find his insights on voir dire invaluable. Fo...
Aug 15, 2022•26 min•Season 1Ep. 97
Chad Griffiths brings a deep knowledge of the industrial real estate market that he shares in regular podcast and YouTube releases. In this episode, we discuss the current state of the industrial market, the relationship between cap rates and interest rates, the growing prevalence of industrial developments in visible locations, and how the drive for “last mile fulfillment” may not mean big box takeovers. Chad looks into the crystal ball about how the industrial market will fare in our current e...
Aug 02, 2022•34 min•Season 1Ep. 96
Stephen Clarke of the Waldo & Lyle law firm in Virginia is not only an eminent domain expert but now is an official Jeopardy! contestant and winner. Stephen gives us a behind-the-scenes look at the qualification process, as well as what it was like to film and compete. We hope you enjoy this opportunity to celebrate a real-life win of a friend to our podcast community. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint . If you have thoughts about future ...
Jul 19, 2022•26 min•Season 1Ep. 95
On this special episode, we are joined by the leaders of three important national property rights organizations: Dana Berliner , Senior Vice President and Litigation Director for the Institute for Justice; James Burling , Vice President of Legal Affairs for Pacific Legal Foundation, and Leslie Fields , Executive Director of the Owners’ Counsel of America. We learn how each got their start in the field of eminent domain and property rights, the landmark cases that have shaped their careers, and t...
Jul 18, 2022•54 min•Season 1Ep. 94
Eminent domain expert Philip Hundl joins the show today to talk about the recently approved Matterhorn Express Pipeline that is projected to span 490 miles in Texas and impact hundreds of property owners. We talk about the questions landowners should ask when facing acquisition for a pipeline, as well as the details and concerns to look for in a proposed form of easement. Learn more about Phil and his practice at txcondemnationrights.com . Please share your thoughts on the show or this episode w...
Jul 01, 2022•27 min•Season 1Ep. 93
If you’re a landowner who has received a notice from a condemning authority, what should you do next? Dawson & Sodd law partner Jason Sodd, an eminent domain attorney for the last twenty years, joins the show today to walk through ten important questions to ask when looking to hire a lawyer with eminent domain expertise. These questions and their rationale can empower and educate property owners who face the often daunting process of eminent domain acquisition. Please share your thoughts on ...
Jun 15, 2022•22 min•Season 1Ep. 92
Daniel Woislaw of Pacific Legal Foundation joins us to talk about the intersection of civil rights and property rights. We discuss when a search and seizure can cross the line to a taking, how the U.S. Supreme Court has considered property interests in a Fourth Amendment context, and what Fourth Amendment issues eminent domain attorneys should be aware of when assessing a matter. Daniel’s book recommendations: Origins of the Fifth Amendment: The Right Against Self-Incrimination by Leonard Levy R...
Jun 01, 2022•29 min•Season 1Ep. 91
Christina Martin, Senior Attorney at the Pacific Legal Foundation, joins us to talk about what she calls “home equity theft” – the practice in some states of a taxing jurisdiction foreclosing on a tax lien and, in the process, forfeiting all the owner’s remaining equity in the property - no matter how small the tax lien or how large the remaining equity. The most vulnerable in our society are also the most likely victims. Ms. Martin discusses where this happens, why it happens, and why she is mo...
May 16, 2022•22 min•Season 1Ep. 90
Want to better understand the Infrastructure Investment and Jobs Act? Join us for this special joint episode where we team up with the Infrastructure Junkies podcast to interview Jeremy Young of Roetzel & Andress in Ohio. Questions we discuss: what is considered infrastructure for purposes of the bill? How does money get allocated, prioritized, and appropriated? How can we learn more without reading all 1,039 pages? Please share your thoughts on the show or this episode with me. I’m on Twitt...
May 03, 2022•38 min•Season 1Ep. 89
