Come and Take It: The Eminent Domain Podcast

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'...

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...

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 prac...

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 thou...

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 issu...

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 Tent...

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 t...

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 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 f...

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...

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 w...

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 r...

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 als...

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 rea...

In today's episode, we are joined by Scott Heiart and Michael Ash of Carlin, Ward, Ash & Heiart in Florham Park, New Jersey. Scott and Michael discuss the unique aspects of redevelopment law in the state of New Jersey, as well as how they teamed up from opposite sides of the aisle to represent property owners. We learn about current issues and projects in New Jersey and talk about the importance o...

Jeremy Hopkins of Cranfill Sumner in Raleigh joins the show to talk about identifying what he calls the "Big 3" categories of issues in eminent domain cases, a topic he presented at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference in January. He also shares the unique elements of condemnation law in North Carolina, as well as his work in the protection of property rights on the...

Christina Thoreson, SR-WA, MAI, CRE joins the show to talk about appraisals and the valuation process, and how to present this information to a jury. She shares examples of tips she uses when testifying.  We also talk about changes in the appraisal industry due to the pandemic. Christina's book recommendations: Necessary Endings and Integrity by Dr. Henry Cloud Please share your thoughts on the sh...

Bob Grace, MAI, CRE joins us from the national Eminent Domain and Land Valuation Litigation Conference to discuss capitalization rates.  We discuss both what a cap rate is and, importantly, some thoughts on how to explain this nebulous concept to a jury.  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...

In today's episode, Professor Julia Mahoney of the University of Virginia School of Law joins the podcast live from the ALI-CLE Eminent Domain and Land Valuation Litigation conference in Scottsdale to talk about last year's Supreme Court decision in Cedar Point Nursery v. Hassid . We discuss how the case fits into the general direction of this Court's decisions, and what may be on the horizon for...

Josh Baker, partner at the Waldo & Lyle law firm in Virginia, joins the show live from the 2022 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Scottsdale, Arizona to talk about temporary construction easements and how to value them. Josh highlights important considerations when applying market principles to what can be an indefinite burden on the property. Please share your tho...

Bob Belden of the Institute for Justice joins the show to discuss a matter arising out of Onondaga County, New York, where homeowners in the Burnet Road community are fighting for their property against a taking for a prospective transaction with a manufacturing facility. Bob tells us about the Burnet Road community, the similarities of this situation to Kelo v. City of New London , and the curren...

Professor Emilio Longoria of St. Mary's University School of Law joins the show to discuss his recent article, Lech's Mess with the Tenth Circuit: Why Governmental Entities Are Not Exempt from Paying Just Compensation When They Destroy Property Pursuant to Their Police Powers . Professor Longoria gives an overview of the facts of Lech v. Jackson as well as his criticism of the court's opinion. He...

For this special episode of the podcast, past guests and friends share their favorite holiday traditions, and Robert Thomas tells us what we can look forward to at the 2022 Eminent Domain and Land Valuation Litigation Conference. Thanks to Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, Adam Sanders...

U.S. Magistrate Judge Andrew Edison has devoted much time and research to the life and legacy of Robert Moses, a former Parks Commissioner who had a broad and deep impact on the development of New York City's infrastructure over a period of 50 years. Moses' career in many ways provides a study of the human cost of eminent domain for different socio-economic communities. Judge Edison's insight into...

Eminent Domain attorneys Phil Sever, Tonny Storey, and Jordan Walker of Indianapolis-based Sever Storey, LLP join the show today to talk about a class-action lawsuit involving inverse condemnation claims related to the use of underground caverns for natural gas storage. The case has recently been certified by a federal court in Pennsylvania, an uncommon achievement among inverse condemnation cases...