Come and Take It: The Eminent Domain Podcast – Details, episodes & analysis

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. 

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.

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 thoughts about future show guests or ideas for episodes, please let me know.

In this episode, we visit with Tiffany Dowell Lashmet.  Tiffany has served as an Agricultural Law Specialist for Texas A&M AgriLife Extension Service since 2013.  Tiffany’s work focuses on legal issues impacting Texas landowners and agricultural producers including leases, water law, oil and gas law, pipeline easement negotiation, and landowner liability.  She travels the state speaking at various meetings and conferences on these issues and has published several law review articles, extension fact sheets, magazine articles, and newspaper articles on these topics.  She also authors the award-winning Texas Agriculture Law Blog, recognized as one of the Top 100 Legal Blogs in the nation by the American Bar Association in 2014.  Tiffany is licensed to practice law in Texas and New Mexico.  She grew up on her family’s farm and ranch in Northeastern New Mexico, between Tucumcari and Logan. 

More information on Tiffany can be found here:  https://amarillo.tamu.edu/facultystaff/tiffany-dowell-lashmet/

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 this episode, we have the final two interviews recorded at the conference with Mike Sullivan and Martyn Daniel, two relocation specialists.  

Mike is with Range West Consultants and can be found here:  https://www.rangewc.com/

Martyn can be found here:  http://eminentdomainandbusinessrelocationconsulting.com/

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

My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/

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 & Terminal District v. Violet Dock Port Inc., LLC.  The case presented both a significant right to take issue and a significant valuation issue.

We are also joined by Bob Grace, an appraiser from Oklahoma City.  He tells about his experience at the conference as a first-time attendee and also discussed a few appraisal issues he is facing in Oklahoma.

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 case of the government's taking of the original Zapruder film, the video of the assassination of President Kennedy filmed by Abraham Zapruder.  A New York Times article about the case is here:  https://www.nytimes.com/1999/08/04/us/zapruder-heirs-get-16-million-for-dallas-film.html

Judge Edison's bio can be found here:  https://www.txs.uscourts.gov/page/judge-andrew-m-edison-biography

Stephen Clarke's bio page can be found here:  https://waldoandlyle.com/stephen-j-clarke/

His twitter page can be found here:  https://twitter.com/steveclarkeva

Thank you to Robert Thomas and ALI for arranging space for us to conduct our interviews.

For those in the DFW area, I am very excited and honored to be one of the presenters at the 2019 TEDx Conference in Flower Mound, Texas on February 7, 2019.  The conference theme is World Changers.  I will be speaking on Finding Your Second Wind - Resiliency Along the Journey.  If you wish to attend, a link to the event website is here: https://tedxflowermound.com/

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

My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/

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://thehill.com/opinion/white-house/424195-trumps-militarized-land-seizure-for-border-wall-is-more-complicated-than

and here:  https://reason.com/volokh/2019/01/07/eminent-domain-emergency-powers-and-trum

Rep. Amash's proposed bill:  https://amash.house.gov/sites/amash.house.gov/files/documents/Eminent%20Domain%20Just%20Compensation%20Act.pdf

3.  The Flooding and Wildfire Cases.

4.  Nexus Gas Transmission v. City of Green, Ohio (the circuit split about when a FERC regulated pipeline can take possession of property it is condemning) The 6th Circuit joined the 3rd and 4th Circuits in concluding that, notwithstanding a lack of quick take power in the Natural Gas Act, a trial court may by injunction grant a FERC regulated pipeline that meets the standards to exercise the eminent domain power, immediate possession of property to commence construction.  The 7th Circuit stands in contrast to the 3rd, 4th, and 6th.  The Nexus Gas opinion is here:  https://law.justia.com/cases/federal/appellate-courts/ca6/18-3325/18-3325-2018-12-07.html

Thank you to Robert Thomas, one of the co-planning chairs of the 2019 ALI-CLE Eminent Domain and Land Valuation Conference, for recording information about the upcoming on January 24-26 at the Marriott Renaissance Hotel in Palm Springs, California. 

https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CA007

For those in the DFW area, I am very excited and honored to be one of the presenters at the 2019 TEDx Conference in Flower Mound, Texas on February 7, 2019.  The conference theme is World Changers.  I will be speaking on Finding Your Second Wind - Resiliency in the Journey of Life.  If you wish to attend, a link to the event website is here:  https://tedxflowermound.com/

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 pipeline, had no real prior familiarity with eminent domain.  I found the discussion with Ms. Ragland, who worked intensely on the issues around this pipeline during the creation of the film, fascinating. 

You can find more information on the documentary at  www.transpecosdoc.com