Come and Take It: The Eminent Domain Podcast

Luke Ellis and Tyler Milton join the podcast to share stories and tips about trying pipeline condemnation cases.  We venture into tales about impromptu jokes, Dallas Cowboy football, and crying during voir dire.  It is a great episode!

Clay Beard joins us to discuss three trial stories and the lessons he took away from each.  The stories will entertain, but there are also important practice pointers that can be learned.   Clay also shares one of his favorite hunting stories.  Be sure to hear that one at the end.

"The Professor" Robert Thomas re-joins us in Episode 50 of the Eminent Domain Podcast.  We discuss whether COVID-19 related regulations are takings and how they will be analyzed under existing law.

Thor Hearne joins Episode 49 of the Eminent Domain Podcast as part of the "War Stories" series.  Thor discusses various cases from his career, including cases involving railroad and pipeline easements and the St. Bernard Parish flooding case.  

In Episode 48 of the Eminent Domain Podcast, Josh Baker joins the podcast to discuss a story about a property viewing in an inverse condemnation case.  The story takes a funny turn when a swan begins to threaten the jury.

In Episode 47 of the Eminent Domain Podcast, Carolyn Elefant joins the podcast to discuss the FERC approval process.  She also discusses the D.C. Circuit oral argument that recently occurred in the case of Alleghany Defense Fund v. FERC.  The Alleghany Defense Fund case considers the question of whether FERC can play "four corners" with the administrative review process to effectively moot a chall...

In Episode 46 of the Eminent Domain Podcast, Steve Silva joins to share a "war story" about his favorite settlement that displayed some out of the box thinking.  

In Episode 45 of the Eminent Domain Podcast, Nancie Marzulla joins to share a story about a case involving a taking at Dallas Love Field. I then share some thoughts about finding meaning when our work is disrupted.

In Episode 44 of the Eminent Domain Podcast, we are joined by Philip Hundl from Wharton, Texas and Tony DellaPelle from Morristown, New Jersey.  Both are experienced practitioners and give great insight in their interviews.  Additionally, I share some thoughts on practicing law while "sheltered in place" as I enter week 3 of working remotely.  

In Episode 43 of the Eminent Domain Podcast, Dana Berliner, Litigation Director for the the Institute for Justice joins.  We discuss interesting stories from her career including her involvement of Kelo v. City of New London  and a story where the condemnor backed down.  

In Episode 42 of the Eminent Domain Podcast, Robert McNamara of the Institute for Justice joins.  We discuss the Carousel Farms v. Woodcrest Homes case out of Colorado that has been appealed to the U.S. Supreme Court.  Also joining the interview is William & Mary law student, Delia Root, who discussed her experience at the ALI-CLE Eminent Domain and Land Valuation Conference, her experience in Pro...

In Episode 41 of the Eminent Domain Podcast,  we have the first round of interviews from the ALI CLE national Eminent Domain Conference in Nashville, Tennessee.  Joining the podcast are law students Benny Zhang, Andrew Parslow, Kelsey Abell, Kacie Couch, and Joe Melton.  It was a great pleasure to speak to each of them.   I also discuss a recent case from the Texas Supreme Court - Copano Energy v....

In this episode, we consider the question of whether a pipeline has the right to take if it is transporting product that is not used within the state it is crossing.  

We discuss how the County selects appraisers, about one of his current projects trying to value flowage easements, self-driving cars, and valuing property with a value date from 75 years ago.

In Episode 38 of the Eminent Domain Podcast, Pete Havel joins us to discuss how to deal with difficult people and his book, The Arsonist in the Office.   Pete's book can be found here:   https://www.amazon.com/Arsonist-Office-Fireproofing-Coworkers-Employees-ebook/dp/B07NVY7C21 Pete's website is here:  https://petehavel.com/ Information about the ALI CLE national Eminent Domain Conference in Nashv...

In Episode 37 of the Eminent Domain Podcast, I share reflections from a day at the court house after being summoned for jury duty.  Some takeaways:  Build rapport with the venire panel by being the guide. Build rapport by acknowledging the situation of the venire panel Have positive energy Get the jury talking Begin to personalize your client Put a high priority on the voir dire - what you need to...

In Episode 36 of the Eminent Domain Podcast, Robert Thomas and Robert "Bob" Grace join to discuss short term rentals.  Robert Thomas discusses the legal implications of short term rentals and the potential for takings when they are regulated.  Robert Grace discusses whether a short term rental could be a highest and best use. Robert Thomas also shares a movie recommendation and tells the story abo...

In Episode 35 of the Eminent Domain Podcast, Sam Schwartz aka Gridlock Sam joins to discuss self-driving cars and their impact on future infrastructure.   Mr. Schwartz's books include No One at the Wheel:  Driverless Cars and the Road of the Future and Street Smart - The Rise of Cities and the Fall of Cars.

In Episode 34 of the Eminent Domain Podcast, I discuss the U.S. Supreme Court's decision in Knick v. Township of Scott .  I hope you enjoy the discussion.  For a copy of the opinion, look here:   https://casetext.com/case/knick-v-township-of-scott For more information about the case, including a listing (with links!) of articles about the case, Robert Thomas has you set:   https://www.inverseconde...

Clint Harbour from the Texas Attorney General's Office joins us in Episode 33 of the Eminent Domain Podcast.  He discusses eminent domain from the point of view of the government lawyer in Texas.  Clint has great recommendations for trying cases on the condemnor side of the docket.  He also shares why he sometimes will wear basketball shorts under his suit at hearings.

JJ Rolling of von Briesen & Roper (Madison, Wisconsin) joins us in Episode 32 of the Eminent Domain Podcast.  He discusses the eminent domain process in Wisconsin.  JJ is also an affiliate member of the Appraisal Institute.  He thinks highest and best use is an important and under-considered part of the appraisal process and talks about why.  Finally, JJ talks about condemnation clauses in leases...

In Episode 31 of the Eminent Domain Podcast, we discuss the Texas High Speed Rail.  Joining the podcast is Patrick McShan, Special Counsel to Texans Against High Speed Rail.  As discussed in the podcast, there have been some court hearings regarding whether the High Speed Rail developer has the right to come on to private property to do survey work and whether the developer is even a railroad unde...

In this episode, I discuss a cross-examination that I wish I could do over.  I let my emotions get the best of me and was disrespectful to a witness during a trial.  It resulting in me apologizing to him and a lesson learned to not do that again.  I also discuss some recent experiences that have reminded me about the importance and impact of storytelling and themes at trial.   Please share your th...

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...

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, Louisia...