Come and Take It: The Eminent Domain Podcast

Kent Safriet on Florida COVID takings and the regulation of private beaches.  Kent joints to discuss recent litigation that went to the 11th Circuit and the impact on other pending cases. https://www.holtzmanvogel.com/professionals/kent-safriet https://law.justia.com/cases/federal/appellate-courts/ca11/21-13999/21-13999-2025-11-17.html  

In this episode, Bill Reid -- a top business trial lawyer -- joins the podcast to talk about his new book, Fighting Bullies, which makes the case for Plaintiff's law. Throughout, Bobby and Bill talk about law firm structures, the law-school-to-big-firm pipeline, and finding purpose in practice.    Links: https://reidcollins.com/person/william-t-reid-iv/   https://www.fightingbulliesbook.com/  

Bobby returns to the podcast after a brief hiatus due to the birth of a child.  Robert Thomas returns to the show to talk about 2025 in review.  The two cover twenty years of Kelo, an update on COVID takings, the year with a new presidential administration and legislative change, and a few key cases around the country.  Robert looks ahead to the 2026 conference in Savannah, GA. The cross exam is a...

Jennifer Polovetsky of Duane Morris LLP's New York office joins the show to discuss a grab bag of eminent domain issues.   The first segment focuses on the special benefits rule (and how it is distinct from the Miller, or Project Influence, Rule). Following that, Jennifer discusses trade fixture issues under New York law, and the differences between that and New Jersey (and Texas) rules. Links: J....

Jeff Meader of Eminent Domaine wine joins the podcast to give a landowner's perspective on experiencing eminent domain.  Jeff formerly owned a commercial building in Portland that was taken by a local metro transit authority to install a light rail line.  After that experience, Jeff took the proceeds and started a winery. In the episode, Jeff talks about the aspects of the ED process he takes issu...

In this episode, Kristin Renfro, a California condemnation attorney, joins the show to discuss inverse condemnation and its intersection with tort law. Kristen describes her experience litigating a case involving a catastrophic landslide. She details how inverse condemnation differs from tort law in that it requires no fault—only that a public project caused damage. Kristen explains the legal and...

In this episode, Tom Malapit and Eric Rochford--two Indiana condemnation lawyers--join Bobby to discuss a significant eminent domain case they tried last year in Indiana, which they believe is the largest jury verdict in an Indiana condemnation proceeding. They detail the challenges of the case, including the initial offer from the school corporation, taking over the case from another firm after a...

A few weeks ago, Bobby was invited to give a presentation to IRWA Chapter 36's Spring Seminar on the history of Texas's takings provision—specifically, the evolution of the term "adequate compensation" and what difference there is, if any, between that term and the U.S. Constitution's use of "just compensation."   This episode is a live recording of that presentation.   Links: https://irwachapter3...

Christina Martin of the Pacific Legal Foundation joins to discuss litigating Hennepin County to the Supreme Court. Christina shares some stories about moot arguments ahead of oral arguments with Paul Clement, and compares the tax foreclosure sale in Hennepin to traditional bank foreclosures.  After discussing the case, Christina talks about her current work in follow up, including other property t...

Joe Wilkinson of The Avenue Research Group joins the podcast to talk about technology in marketing for eminent domain cases.  In addition to traditional mail marketing, Bobby and Joe talk about broader marketing strategy campaigns, geofencing, AI, and why marketing research should both reach clients and also inform lawyers about projects.  At the end of the episode, Joe's interest in archeology be...

Emilio Longoria returns to the podcast to make the argument for why condemning authorities should pay landowners' attorneys fees in eminent domain cases.  Bobby plays Devil's Advocate and presents the arguments for the existing default rules.  After discussing the legal background arguments, they examine a sample of different state structures as examples of how differently states handle attorneys'...

Robert McNamara of the Institute for Justice joins to talk about his oral argument to the Supreme Court of the United States in Devillier v. Texas.  Robert discusses how he prepared for argument, what was at stake for his client, and what it means for eminent domain practitioners more generally.   In the cross exam, Robert shares how much coffee he drinks, and what minor superpower he'd like to ha...

In this episode, Alan Lichtenstein joins to discuss one avenue for landowners facing eminent domain to potentially minimize the tax impact of takings: 1033 Exchanges.  The episode begins with a general discussion of the requirements of 1031 (or, voluntary) exchanges, which listeners may be more familiar with.  Alan then explains some of the additional flexibility and options that 1033 exchanges of...

In this episode, we interview a handful of guests--presenters, first timers, and repeat attendees from the 2025 ALI-CLE Eminent Domain and Land Valuation Conference. Note: Next Year's conference will be in Savannah, GA.    Links: ALI-CLE 2025 Conference Information: https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-2025-CG204 Guest Chris Clough: https://www.barronadler.co...

In this episode, David Dominy and Cameron Boone (two appraisers with JLL) discuss property access issues, and how changes in either the quality or quantity of access can impact valuation in eminent domain proceedings.  Throughout, they distinguish control of access from circuity of travel issues, discuss a few of the key Texas legal principles and cases that define the scope of permitted access da...

Anthony DellaPelle returns to the show, this time to discuss his recent tenure as the global chair for the Counselors of Real Estate.  Anthony explains what separates CRE from other real estate organizations, how he became involved, why he accepted the invitation to join its leadership, and the various activities in the organization that he has been involved with.  At the end, he highlights CRE's...

Robert Thomas joins Bobby Debelak to discuss the most interesting legal developments from 2024, cases to watch next term, and previews the 2025 ALI-CLE conference to be held in San Diego at the end of January 2025.  At the end, a musically themed cross-examination includes Robert's dream set list of 70s bands. Links: https://pacificlegal.org/staff/robert-h-thomas/   https://www.ali-cle.org/course/...

Bobby interviews Nick Atwood, a trial lawyer with Ritchie Rock & Atwood in Shawnee, Oklahoma. Bobby and Nick discuss the procedural process for ED cases in Oklahoma, a protracted and unique six-year case that Nick recently tried against the Oklahoma Turnpike Authority, attorneys' fees issues under OK law, and how to work with clients. Throughout, Bobby asks Nick detailed discovery, procedure, and...

Richard and Leah Rothstein join the podcast to discuss the history of government action that aided in the creation and enforcement of segregation in American Neighborhoods--and, importantly, what all citizens can do in their communities to undo those injustices.  Mr. Richard Rothstein is a Distinguished Fellow of the Economic Policy Institute and a Senior Fellow (emeritus) at the Thurgood Marshall...

Judge Andrew Edison joins the podcast to discuss the longest land takings fight in American History--the Black Hills of South Dakota land dispute--which has now spanned more than a century.  An episode in legal history and includes lessons for lawyers in staying with the fight.   Links: https://www.txs.uscourts.gov/page/judge-andrew-m-edison-biography   Wiki write up: https://en.wikipedia.org/wiki...

Professors Jessica Asbridge and Emilio Longoria join host Bobby Debelak to discuss their favorite property law and eminent domain papers of the last year.  The scholarship covers the argument for at-will employment as a taking, originalist interpretations of the constitution, deed restrictions, the contract clause, and more.   Paper Links: Michael L. Smith, Is Originalism Bulls**t?  https://papers...

Tom Forestier of Winstead PC joins the show to talk about a career of litigating high profile eminent domain cases, including his work in recent years with the Austin Airport taking case and the expansion of the Alamo Plaza. Bobby and Tom discuss the growing impact of media, from the advent of social media, impacts on grassroots efforts, and handling traditional media coverage of significant cases...

Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs, writing a book on Kelo (The Grasping Hand) a decade after the decision, and his current work on the costs of exclusionary zoning. Throughout, Bobby and Prof. Somin discuss the common ground that otherwise-differing philosophies find in prop...

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 pleas...