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

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 that we discuss regarding the inseparability doctrine, we discuss the 1924 U.S. Supreme Court case of Campbell v. United States.  https://supreme.justia.com/cases/federal/us/266/368/

Sarah's Halloween costume - isn't it great??

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/

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 eyes of the client.

Ellison also offers up some binge-watching TV suggestions:  Goliath (starring Billy Bob Thornton), Harry Bosch, Yellowstone, and Jack Ryan.  Check them out!

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/

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 discuss three cases where the U.S. Supreme Court recently denied certiorari.  They are:

Pacetta, LLC v. Town of Ponce Inlet  that was discussed in Episode 15 of the Podcast with Mark Miller of Pacific Legal Foundation.  A link to the show is here:  https://www.eminentdomainpodcast.com/podcast-episode-15-development-credits-permitting-and-ripeness-with-mark-miller-of-pacific-legal-foundation/

Martins Beach 1, LLC v. Surfrider Foundation that was discussed in Episode 18 of the Podcast with Robert Thomas.  A link to the show is here:  https://www.eminentdomainpodcast.com/podcast-episode-18-williamson-county-robert-thomas/

Dabbs, Jr. v. Anne Arundel County.  A link to that opinion is here:  https://caselaw.findlaw.com/md-court-of-appeals/1893571.html

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/

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 Elizabeth’s podcast, Trial Lawyer Prep.

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 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 interesting public use issue that Anthony is facing.  A link to Anthony’s bio is here:  https://mckirdyriskin.com/team/anthony-f-della-pelle-cre/

In our opening statement, after the recent filing of the property owners’ petition for writ of certiorari, we review the case history of St Bernard Parish v. United States, the cases arising out of the flooding that followed Hurricane Katrina in Louisiana.  We reference the liability opinion of the Court of Federal Claims, the opinion of the Federal Circuit, and the petition for writ of certiorari.  They can be found at these links:

https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2005cv1119-274-0

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2301.Opinion.4-18-2018.1.PDF

http://www.inversecondemnation.com/files/st-bernard-parish-v-united-states—-petition.pdf

Here’s a link to the New York Times article referenced during the interview of Mr. DellaPelle:  

https://www.nytimes.com/2017/12/07/nyregion/edgewater-nj-development-daibes.html

During the show, we reference two conferences:

The 15th Annual Brigham-Kanner Property Rights Conference.  More information can be referenced here: 

https://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/about/index.php

The 2019 ALI-CLE Eminent Domain and Land Valuation Litigation Conference.  More information can be referenced here:

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

Also, 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/

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, Virginia where he is spending a semester teaching Eminent Domain law at the William & Mary law school.

In our opening statement, I discuss the 1985 U.S. Supreme Court case of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City.  https://supreme.justia.com/cases/federal/us/473/172/

This case is back in the news as one of its principal holdings is about to revisited by the U.S. Supreme Court court in the case of Knick v. Township of Scott.  Robert Thomas and I discuss, among other things, the Knick case.  In the interview, we also work in some Kevin Bacon and Blue Hawaii discussion.

During the show, we reference two conferences:

The 15th Annual Brigham-Kanner Property Rights Conference.  More information can be referenced here: https://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/about/index.php

The 2019 ALI-CLE Eminent Domain and Land Valuation Litigation Conference.  More information can be referenced here:

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

Also, 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/

The post Podcast Episode 18 – Williamson County Revisited – Six Degrees of Robert Thomas appeared first on Eminent Domain Podcast.

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, 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/

The post Podcast Episode 17 – Let’s Get It Right – Estimating Construction Costs with Bennett Ratliff appeared first on Eminent Domain Podcast.

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. I’m on Twitter @J_Clint. My webpage bio is here:

http://www.lockelord.com/professionals/s/schumacher-j-clint

The post Podcast Episode 16 – Tales from the Border Wall with T. Christian Miller appeared first on Eminent Domain Podcast.

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 Foundation blog on the Marquette County Road case

The Pacific Legal Foundation blog on the Pacetta case

In our opening statement, we discuss Jensen et al. v. Village of Mount Pleasant et al. The petition and motion to dismiss can be accessed at these links:

Petition

Motion To Dismiss

Also, 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.lockelord.com/professionals/s/schumacher-j-clint

The post Podcast Episode 15 – Development Credits, Permitting, and Ripeness with Mark Miller of Pacific Legal Foundation appeared first on Eminent Domain Podcast.

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.findlaw.com/tx-court-of-appeals/1872871.html

Some other helpful links:

The Pacific Legal Foundation blog on the Ganson case:  https://pacificlegal.org/case/ganson-v-city-of-marathon-florida/

The Petition for Writ of Certiorari in the Sammons case:  http://www.inversecondemnation.com/files/sammons-cert-petition—final-filed.pdf

The http://www.inversecondemnation.com blog on the Sos case:  http://www.inversecondemnation.com/inversecondemnation/2017/11/colorado-app-clarifies-state-constitutions-damaging-clause-forcing-a-neighbor-to-provide-lateral-sup.html

A link to the book, Tribe of Mentors:  https://tribeofmentors.com/

The ProPublica articles on eminent domain and border wall can be found here:

https://features.propublica.org/eminent-domain-and-the-wall/the-taking-texas-government-property-seizure/

https://features.propublica.org/eminent-domain-and-the-wall/texas-border-wall-uncompensated-victims/

https://features.propublica.org/eminent-domain-and-the-wall/eminent-domain-border-wall-godfrey-garza-hidalgo-texas/

More information on the ALI-CLE Eminent Domain Conference in Charleston can be found here:

https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CZ005

More information on the Texas Eminent Domain Superconference in Austin can be found here:

https://cle.com/product.php?proid=1693&page=Eminent_Domain

​Also, 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.lockelord.com/professionals/s/schumacher-j-clint

The post Podcast Episode 14 – Four Cases to Watch in 2018 appeared first on Eminent Domain Podcast.

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:  @Jamilajeff

A link to Professor Jefferson-Jones’ article – Airbnb and the Housing Segment of the Modern ‘Sharing Economy’: Are Short-Term Rental Restrictions an Unconstitutional Taking?​ is here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2624700

The Wikipedia page for Professor Jefferson-Jones’ favorite movie, Hidden Figures, is here: https://en.wikipedia.org/wiki/Hidden_Figures​

Professor Jefferson-Jones recommends visiting Dooky Chase Restaurant when in New Orleans.  Here’s a link: http://www.dookychaserestaurant.com/

A news story about Joe Unis’ holiday stopover, Keller’s Hamburgers, is here: http://res.dallasnews.com/interactives/kellers/

The ProPublica article, The Taking, can be found here: https://features.propublica.org/eminent-domain-and-the-wall/the-taking-texas-government-property-seizure/

More information on the ALI-CLE Eminent Domain Conference in Charleston can be found here:

https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CZ005

Also, 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.lockelord.com/professionals/s/schumacher-j-clint​

The post Podcast Episode 13 – Penn Central and the Loft by Central Park appeared first on Eminent Domain Podcast.

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/opinions/27368b74ymo4.pdf

Pinnacle Consulting’s website is here:  http://pcmgi.com/

The Wikipedia page for Ms. Harrison’s favorite book and movie, Hidden Figures, is here:  https://en.wikipedia.org/wiki/Hidden_Figures​

​More information on the referenced CLE International Eminent Domain Conference in Las Vegas can be found here:

http://www.cvent.com/events/eminent-domain-conference/event-summary-458cb7e43cfe4e15b6ebc6069315879a.aspx?i=7b140083-c8e2-4699-9afe-b8367a56e057

More information on the ALI-CLE Eminent Domain Conference in Charleston can be found here:

https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CZ005

Also, 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.lockelord.com/professionals/s/schumacher-j-clint​

The post Podcast Episode 12 – When the Government Pays for the Moving Van with Ms. Lisa Harrison appeared first on Eminent Domain Podcast.

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-article-iii-judge-in-federal-inverse-cases.html

Professor Brady’s article on damaging clauses can be accessed here:  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3028880

Professor Brady’s website is:  http://www.maureenebrady.com/

More information about Professor Brady’s collegiate event, the Hammer Throw can be found here:  https://en.wikipedia.org/wiki/Hammer_throw

​More information on the referenced CLE International Eminent Domain Conference in Las Vegas can be found here:

http://www.cvent.com/events/eminent-domain-conference/event-

summary-458cb7e43cfe4e15b6ebc6069315879a.aspx?i=7b140083-c8e2-4699-9afe-b8367a56e057

More information on the ALI-CLE Eminent Domain Conference in Charleston can be found here:

https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CZ005

Also, please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint. My webpage bio is here:

https://www.lockelord.com/professionals/s/schumacher-j-clint

The post Podcast Episode 11 – Damaging Clauses with Professor Maureen "Molly" Brady appeared first on Eminent Domain Podcast.

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/school-district-seeks-to-use-eminent-domain-to-take-delaware-county-couples-haunted-house

More information on the referenced CLE International Eminent Domain Conference in Las Vegas can be found here:

http://www.cvent.com/events/eminent-domain-conference/event-summary-458cb7e43cfe4e15b6ebc6069315879a.aspx?i=7b140083-c8e2-4699-9afe-b8367a56e057

More information on the ALI-CLE Eminent Domain Conference in Charleston can be found here:

https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CZ005

Also, 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.lockelord.com/professionals/s/schumacher-j-clint​

The post Podcast Episode 10 – Negotiating for Project Change and the National Environmental Policy Act appeared first on Eminent Domain Podcast.

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.

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.Supp. 464 (W.D. Mo. 1973)
• Beaird-Poulan v. Department of Highways, State of Louisiana, 441 F.Supp. 866 (W.D. La. 1977)

More information on the referenced 14th Annual Brigham-Kanner Property Rights Conference can be found here:

http://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/index.php

More information on the CLE International Eminent Domain Conference in Las Vegas can be found here:

http://www.cvent.com/events/eminent-domain-conference/event-summary-458cb7e43cfe4e15b6ebc6069315879a.aspx?i=7b140083-c8e2-4699-9afe-b8367a56e057

More information on the ALI-CLE Eminent Domain Conference in Charleston can be found here:

https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CZ005

We hope you will leave a review on ITunes.  Also, 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.lockelord.com/professionals/s/schumacher-j-clint​

The post Podcast Episode 9 – Special Use Properties and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 appeared first on Eminent Domain Podcast.

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 lost theirs.

We discuss whether and how an inverse condemnation claim might be one avenue to try to address the damage.  Among the legal authorities discussed are:  Tarrant Regional Water District v. Gragg, Kerr v. Harris County Flood Control District, St. Bernard Parish Government v. U.S., and Ideker Farms v. U.S.

Derrick Carson can be found here:  http://www.lockelord.com/dcarson

Jeff Mead and I will be speaking on eminent domain, coming projects, and lease provisions at the Tarrant County Bar Association at noon, Tuesday, September 19, 2017, at the City Club, 301 Commerce Street.  I hope you can join us if you are in Tarrant County.

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.lockelord.com/professionals/s/schumacher-j-clint

The post Podcast Episode 8 – When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP, Houston, Texas appeared first on Eminent Domain Podcast.

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 recommendations (including Chinatown), suggests that Penelope Cruz would be play her in the future movie about her life, and discusses the Fort Worth art museums.

Professor Casado Perez can be found here:  http://law.tamu.edu/faculty-staff/find-people/faculty-profiles/vanessa-casado-perez

Additionally, in the Opening Statement with Jeff Mead, we discuss when private entities have the power of eminent domain and what they must establish.  We look at Denbury Green Pipeline v. Texas Rice Partners out of the Texas Supreme Court.

More information on the referenced 14th Annual Brigham-Kanner Property Rights Conference can be found here:

http://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/index.php

Jeff Mead and I will be speaking on eminent domain, coming projects, and lease provisions at the Tarrant County Bar Association at noon, Tuesday, September 19, 2017, at the City Club, 301 Commerce Street.  I hope you can join us if you are in Tarrant County.

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.lockelord.com/professionals/s/schumacher-j-clint

The post Podcast Episode 7 – Water and Condemnation with Professor Vanessa Casado Perez appeared first on Eminent Domain Podcast.

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 referenced 14th Annual Brigham-Kanner Property Rights Conference can be found here:

http://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/index.php

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.lockelord.com/professionals/s/schumacher-j-clint

The post Podcast Episode 6 – Dr. Robert Gordon Discusses Presenting a Condemnation Case to a Jury appeared first on Eminent Domain Podcast.

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 gives valuable dining advice when in Toronto!

A link to Shane Rayman’s bio is here:

Shane Rayman

A link to the news article about tree “trimming” on Forest Lane in Dallas is here: https://www.dallasnews.com/news/news/2017/06/02/30-live-oak-trees-hacked-north-dallas-people-happy

More information on the 11th Annual Eminent Domain seminar in Dallas hosted by Eddie Vassallo and Charles Salazar can be found here:

http://cle.com/product.php?proid=1673&src=Featured&page=Eminent_Domain

More information on the 14th Annual Brigham-Kanner Property Rights Conference can be found here:

http://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/index.php

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.lockelord.com/professionals/s/schumacher-j-clint

Jeff Mead’s webpage bio is here:

http://www.lockelord.com/professionals/m/mead-jeffrey-brian

The post Podcast Episode 5 – Shane Rayman Discusses Expropriation Law in Canada and Jeff Mead Discusses Municipal Tree Ordinances appeared first on Eminent Domain Podcast.

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 issue was whether federal or state compensation law applies to an interstate pipeline. The best part though is the court’s concluding paragraph. We love judges who have a sense of humor.

Professor Somin routinely posts in the Volokh Conspiracy blog at the Washington Post which can be found here

Professor Somin’s books, including The Grasping Hand and Eminent Domain: A Comparative Perspective can be purchased from several outlets, however, here is a link to Amazon.

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

Clint Schumcher’s bio

Alex LoCasto’s bio

More information on the ALI audio seminar on regulatory takings hosted by Robert Thomas can be found here.

More information on the 11th Annual Eminent Domain seminar in Dallas hosted by Eddie Vassallo and Charles Salazar can be found here.

The post Podcast Episode 4 – Interview with Professor Ilya Somin to discuss Murr v. Wisconsin, and a Discussion of Sabal Trail case from Florida appeared first on Eminent Domain Podcast.

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 property value; and (ii) what does fee simple mean in a valuation context. Lance also discusses the Body of Knowledge Committee of the AI (which sounds really important!). Finally, Lance discusses how the engaging lawyer can assist the real estate appraiser at the outset of the assignment.

Lance can be reached via his website at www.coyleadvisors.com or via email at lance@coyleadvisors.com.

The post Podcast Episode 3 – Murr v. Wisconsin and Emerging Issues in Eminent Domain Appraisals with Lance Coyle, MAI appeared first on Eminent Domain Podcast.

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 what you would like to hear about or who you would like to hear from.

The post Podcast Episode 2 – Interview with Efren Olivares – The Border Wall appeared first on Eminent Domain Podcast.

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 Podcast Episode 1 – Interview with Robert Thomas – Current Cases in Eminent Domain appeared first on Eminent Domain Podcast.

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.

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 podcast the final law in the case.

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, 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.

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.

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 me know.

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 Torgrimson and Clint Schumacher at the 2023 ALI-CLE Eminent Domain Land Valuation and Litigation Conference.

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.

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, please let me know.

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

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.

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.

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.

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 join us for a karaoke night at The Highball (1120 S Lamar Blvd) on Thursday, February 2 from 8:00 – 11:00 pm.

Registration is open for CLE International’s Texas Eminent Domain Conference in Austin, TX at the Austin Country Club, April 13-14, 2023. Register here.

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.

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 that might be helpful in considering a private entity’s right to take property.

Professor Asbridge's article

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.

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 know.

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, and this leads to a discussion about Canada’s non-constitutional protections of property rights in contrast to the constitutional protections of the United States.

Text of the decision

Factum (written submission) of the Canadian Home Builders’ Association

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.

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 Authority. We learn about the potential environmental and societal impacts of these turnpikes and how Pike Off OTA is mobilizing in opposition to the project.  Learn more at www.PikeOffOTA.com and youtube.com/PikeOffOTA.

Recommendations from our guests:

The Worst Journey in the World, Apsley Cherry-Garrard

Any book by Angie Debo

Boomtown, Sam Anderson

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.

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 to the City publicly acknowledging and memorializing its history. Dr. Venable’s story is that of an inspiring individual, as well as a cautionary tale of the potential abuses of public power.

The case discussed in the podcast: State v. Weinstein

Read Mr. Singer’s excellent article here.

Mr. Singer's Recommendations:

The Broken Heart of America by Walter Johnson

Episode 480 of 99% Invisible: "Broken Heart Park"

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.