Come and Take It: The Eminent Domain Podcast

Eminent domain attorney Jay Small of Mateer Harbert in Orlando joins the podcast to discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services . We discuss whether this case opened the door to challenging the moratorium as a compensable taking, and Jay brings a prescient analysis of the opinion. We also discuss the Court's citation of Loretto , the s...

Today, we're joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. Professor Fennell has recently written an article for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery . In today's interview, we have a great discussion of her article, which gives a...

Casey Pipes, managing partner at the Helmsing Leach law firm in Mobile, Alabama, joins the show to discuss an emerging issue: the legislated expansion of existing utility easements to allow access by private broadband companies to install data cables. We discuss the motivation for and constitutional issues of these statutes, as well as current and potential implications for property owners. An int...

Steve owns and operates a construction business, and he is also a construction cost estimator with over 45 years of experience in the construction industry. He discusses the differences between a cost estimate prepared by a construction cost estimator and one prepared by an appraiser. Steve shares his thoughts on when it would be of value for a property owner or attorney to seek the expertise of a...

Patrick McCallister, Right-of-Way Acquisition Manager at WSP-USA, and Beth Smith, Real Estate Specialist at Milwaukee Metro Sewage District, have founded the Eminent Domain and Right of Way Club, a discussion forum for right-of-way professionals and anyone interested in the acquisition of land rights for infrastructure projects. They join us today to discuss how the group started, the value of con...

Ivy Cadle, shareholder of the Baker Donelson law firm in their Atlanta and Macon, GA offices, joins us to discuss condemnation clauses in commercial leases. Ivy emphasizes that the lease will dictate a lessee's approach to the case, and we touch on some of the important factors in that approach, including notice provisions and division of settlements. Check out Ivy's excellent webinar on condemnat...

  FERC expert Carolyn Elefant joins us to discuss the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey .  As always, she brings great insight.  This case discusses, among other things, the balance between state rights and the federal power to condemn.  A copy of the opinion can be found here: https://www.supremecourt.gov/opinions/20pdf/19-1039_8n5a.pdf We discuss Carolyn's...

Business development expert and guru Steve Fretzin joins the podcast to discuss how to find and build relationships with clients.  As eminent domain professionals, we have decided what types of clients we want to target.  Steve talks about the practices we can undertake to find those clients and building lasting relationships.

Professor Josh Blackman of the South Texas College of Law joins us for Episode 69 of the podcast to discuss the Cedar Point Nursery v. Hassid case recently released by the U.S. Supreme Court.  Here is a link to the case:   https://www.supremecourt.gov/opinions/20pdf/20-107_ihdj.pdf

Robert Thomas of inversecondemantion.com and the Pacific Legal Foundation returns for Episode 68 of the podcast to discuss current cases to know.  

Episode 67 of the podcast focuses on how our juries might view institutions and experts differently now than they did before the Covid-19 pandemic.  Do we have to present experts differently than we did before?   This episode also discusses corridor valuation theory and a case pending in Texas that may change the law in this area called Hvalinka v. HSC Pipeline Partnership, LLC , 605 S.W.3d 819 (T...

In Episode 66 of the podcast,  my friend and law partner, Jody Sodd McSpadden, joins to discuss her wisdom for seeking excellence while being a very involved lawyer, mom, spouse, and community leader.  She shares some outstanding wisdom and I'm pleased she was willing to share it with the podcast audience.  Of particular interest to me was her discussion about differentiating between passion and a...

Daniel Garodnick joins to discuss the incredible true story of how one middle class community defeated the largest residential real estate deal in American history. Lifetime New York City resident and former City Councilman Dan Garodnick recounts how his neighbors stood up to mammoth real estate interests and successfully fought to save their homes, delivering New York City's biggest-ever affordab...

Adam Sanders of Baker Donelson joins to discuss cases involving governmental takings of privately-owned utilities.  Adam shares issues that arise in these cases, including how such entities are valued.  At the end of the interview, Adam shares his experience about selling Bitcoin way too early and his initial reluctance to entering the field of law.

Matt Hurt of Dawson & Sodd joins to share stories about picking juries.  One of the cases that Matt discusses is State v. Johnson.  The appellate decision can be found here: https://casetext.com/case/state-v-johnson-5435 As a civil engineer, Matt also shares some thoughts about engineering issues that arise in eminent domain cases. Matt's bio can be found here:  https://www.dawsonsodd.com/attorney...

In Episode 62 of the podcast,  Anthony DellaPelle of McKirdy Riskin Olson & DellaPelle in Morristown, NJ joins to discuss the current status of Covid-related takings litigation.  Tony's recent article on the subject published by the ABA can be found here:  https://www.americanbar.org/groups/litigation/committees/real-estate-condemnation-trust/articles/2021/is-covid-19-still-a-public-health-emergen...

In Episode 61 of the podcast, the tables are turned and Clint Harbour of the Texas Attorney General's Office takes over the podcast host chair and interviews me (Clint Schumacher).  We share a few stories and hopefully share some insights you can use in your practice.  Clint Harbour did a great job as the host!

Robert Thomas joins for Episode 60 of the podcast to discuss the changes to this year's ALI-CLE Eminent Domain Conference.  As Robert will explain, this year's conference will be virtual.  Sign up for the conference here:  https://www.ali-cle.org/course/Eminent-Domain-Land-Valuation-Litigation-2021-VCCF0128 In the closing argument, I discuss choosing my One Word for 2021.  Information about the On...

Justin Hodge joins for Episode 59 of the podcast to discuss a story of his best friend's dad showing up as a veniremen in a condemnation case, Justin's mentors, and a book someone gave Justin when his grandmother passed away ( Imagine Heaven ). 

Richard Rothfelder joins for Episode 58 of the podcast to discuss how the law treats and values outdoor advertising signs (or billboards) in eminent domain cases.  Richard is one of the country's experts in this field and it was a pleasure to get to visit with him.  

Dave Arnold, Ross Greene, Kristen Bennett, and Carrilin Hirsch are the hosts and personalities behind the Pendulum Land Podcast.  They join to discuss the view of condemnation from the condemnor side, some Texas culture, Virginia food, and what they would put on a billboard.

Professor David Callies joined the podcast to discuss his new book Regulatory Takings After Knick . 

Alan Ackerman joins the podcast to share the story of the case of County of Wayne v. Hathcock from the Michigan Supreme Court.  This is a right to take case.  Alan and I have a wide ranging discussion that includes discussions of federalism, the role of stare decisis, the interstate commerce clause, an influential discussion between Alan and Dana Berliner of the Institute for Justice, and Leave it...

Stephen Clarke joins the podcast to share a story about a client that fibbed about his life history and the reaction of clients to the cancellation of Atlantic Coast Pipeline.  He also introduces me to the boardgame "Settlers of Catan."  

Carolyn Elefant makes a return appearance for Episode 53 of the Eminent Domain Podcast.  The D.C. Circuit issued its ruling in Alleghany Defense Fund v. FERC.   The Alleghany Defense Fund case considered the question of whether FERC can play "four corners" with the administrative review process to effectively moot a challenge to FERC approval.  The National Law Review explained the decision as one...