Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast) – Details, episodes & analysis

This episode is all about the International Right of Way Association's Annual Educational Conference to be held in Virginia Beach from June 1-4, 2025.  Hear from Jane White, the City's Director of Destination Services, who gives great insight into why Virginia Beach will be an exciting and fun location for the 2025 conference.  Dave and Kristen are then joined by the conference co-chairs, Carrilin Hirsch and Greg Smith, who give great insight into what to expect from this particular event.  Hear about the host hotels, great restaurants, and all the ins and outs of this event.  Jade Meador then joins the show to offer some insight into schedule and events.  Whether you are a seasoned conference attendee or just considering attendance for the first time, this podcast episode has everything you need to know!

This episode was generously sponsored by Pendulum Land Services, LLC.

In this episode of Infrastructure Junkies, hosts Dave Arnold and Kristen Short discuss the recent changes to the Uniform Relocation Act, focusing on the Final Rule that was implemented after a decade of waiting. They are joined by relocation expert Lisa Harrison of Pinnacle Consulting Management Group, Inc., who provides insights into the distinctions between the federal statute and regulations in the CFR, the implications of the Final Rule, and the new monetary limits for relocation benefits. The conversation also touches on the importance of understanding these changes for professionals in the right of way field, the importance of the Annual Educational Conference in Virginia Beach for networking and learning, and the resources available for further information.

Takeaways from this episode:

• Understanding the basics of the Uniform Relocation Act is essential for all right of way professionals.
• The recent changes are to the regulations, not the Uniform Act itself.
• The Final Rule has been a long time coming, with significant changes after a decade.
• New monetary limits for relocation benefits have been established, including rental assistance and reestablishment payments.
• The importance of networking and learning at conferences cannot be overstated.
• Reading the regulations and the appendix is crucial for understanding the changes.
• There are new provisions for claiming expenses prior to project approval.
• The FHWA is expected to release FAQs addressing common concerns by December.
• The relocation community is open to questions and discussions for those seeking guidance.
• Real-world application and mentorship are key to mastering relocation processes.

This episode was generously sponsored by Blackbird Right of Way, LLC.  Thank you, Blackbird, for making this episode possible!

Eminent domain can seem oppressive and unfair.  The American system of compulsory acquisition features constitutional restrictions and obligations, as well as numerous duties imposed on condemning authorities and rights conferred upon impacted landowners.  Our right of way acquisition process has come a long way, yet imperfections persist.  Do we have the best system in the world? Is it fair enough? Are there loopholes that still need to be closed, and is there more that we should be doing to protect our citizens? Texas eminent domain attorney Sejin Brooks joins Infrastructure Junkies to offer his insights into what's broken within the systems of right of way acquisition, eminent domain and the Uniform Relocation Act.

Renowned Author Howard Mansfield returns to Infrastructure Junkies to discuss two more chapters of his book, The Habit of Turning the World Upside Down.  In this Season 4 finale, Howard tackles "The Last Medieval Claim" by recounting some of the earliest battles for American soil which occurred in the courts across the ocean, and involved people who never set foot in North America.

Then the conversation turns to "The Pipeline in the Neighborhood" where the human effects of a massive infrastructure project are once again examined.  

This episode of Infrastructure Junkies is generously made possible by Blackbird Right of Way, LLC, experts in the Uniform Relocation Act benefitting projects all over the United States.

Dominion Energy Senior Counsel Karla Carter joins Infrastructure Junkies to discuss the complicated history of heirs property issues.  What exactly is "heirs property"? What are the effects--both intended and unintended--on certain segments of the American population?  What are our obligations to heirs property in the right of way context?  

When condemning agencies encounter parcels of property which were inherited by its currents owners--often passing intestate and without the benefit of a will--the easiest option is sometimes to simply proceed to condemnation.  Karla Carter explains why this has become an issue of social and environmental justice and how the abuse of partition suits has been utilized to deprive certain segments of the population of their land.  In fact, heirs property is the leading involuntary loss of African American property in the United States.

Listen in and you will understand why heirs property is so much more than a land title issue.

For more information on the subject, go to https://farmlandaccess.org/heirs-property/ 

This episode was generously sponsored by Pendulum Land Services, LLC.

Southeastern Virginia is comprised of seven cities, each of which is waterfront, and many of which are separated by large bodies of water.  The Hampton Roads Bridge Tunnel was constructed in the mid 1950's to connect Norfolk and Virginia Beach with Newport News and Hampton without obstructing marine traffic.  The Virginia Department of Transportation launched one of the largest infrastructure projects in North America to expand the Hampton Roads Bridge Tunnel.  Chief Engineer Ryan Banas joins Infrastructure Junkies to explain this incredible feat of infrastructure expansion, and in the process, tells our audience exactly how this bridge goes under water.

A controversial and sometimes shady right of way project may be single-handedly responsible for the City of Los Angeles as we know it, and all that it represents.  The Los Angeles Aqueduct, the brain child of William Mulholland and Fred Eaton, miraculously transformed a sleepy oil town into a world famous metropolis.  Armchair Engineer Adam Ratliff (TikTok: @armchairengineer) joins Infrastructure Junkies to explain the genesis of this project, all that it entails and how it was accomplished, the disastrous effects on the Owens River Valley, and the tragedy of a dam failure which claimed the lives of over 400 people.  One thing is certain:  if there is no aqueduct, there is no modern day Los Angeles.

This episode of Infrastructure Junkies was generously sponsored by Blackbird Right of Way, LLC, specialists in the Uniform Relocation Act.  Check out their website at blackbirdrow.com.

Waterfront property lawyer Bryan Peeples joins the Infrastructure Junkies to discuss exclusive rights enjoyed by waterfront property owners -- better known as "riparian property rights".  Bryan explains that riparian rights are valuable real property rights which, in most cases, cannot be taken without just compensation.  Bryan defines each of the five riparian rights and explains how to exercise them. Bryan also explains some key differences between landlocked property and waterfront property of which all potential  purchasers of waterfront lots (including condemning agencies) should be aware.

Incoming International Right of Way Association President Fred Easton joins the Infrastructure Junkies to discuss his vision for the upcoming term.  Fred brings his philosophies and grand plans to the discussion table, as well as his passion for education within the organization.  Listen in to get to know Fred Easton better, and don't miss the special celebrity guests!

In anticipation of our mid-season finale with incoming International Right of Way Association President Fred Easton, we are re-releasing an entertaining and controversial interview with Jake Farrell, who took the reigns of the IRWA at the San Antonio conference in 2021.