Eminent Domain

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 scientific challenges of proving causation, including the need for expert geological and geotechnical testimony, and outlines the strategic decisions made during the trial. The conversation also touches on broader implications for property owners, utilities, and constitutional rights, especially in light of California's progressive stance on public utility liability.  The episode concludes with Renfro's review of a recent trip to see Dead & Company at the Sphere in Las Vegas.   Links:   https://www.linkedin.com/in/kditlev/

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 failed mediation, and a critical ruling on the admissibility of a prior family transaction involving the property. They also describe how they used the condemning authority's own witnesses during cross-examination to support their case and fighting for the property's highest and best use as commercial land despite its present designation as farm land. They also share insights into trial logistics, witness order, judge personality, and the valuable feedback received from the jury after the verdict. Links: Tom Malapit & Eric Rochford Webiste and Bios: https://www.eminentattorneys.com/about    

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://irwachapter36.org/ 2025 Spring Seminar: https://irwachapter36.org/meetinginfo.php?id=131&ts=1738095773  

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 taxation issues and blight designations.    Links: Tyler v. Hennepin Co. Decision: https://www.supremecourt.gov/opinions/22pdf/22-166_8n59.pdf Christina Martin at Pacific Legal: https://pacificlegal.org/staff/christina-martin/ 

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 becomes the basis for the cross examination. Links: Joe Wilkinson LinkedIn: https://www.linkedin.com/in/joseph-wilkinson-829406248/ https://avenueresearchgroup.com/   Contact: info@avenueresearchgroup.com P: (803) 509-5078

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 differences as examples of how differently states handle attorneys' fees.  Emilio offers some practice tips on structuring engagement letters for landowners' counsel.     Link: https://ackerman-ackerman.com/why-condemnors-should-pay-property-owners-attorney-fees-in-eminent-domain-cases-and-a-50-state-survey-on-the-issue/

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 have.   Links: Devillier Opinion: https://www.supremecourt.gov/opinions/23pdf/22-913_3204.pdf The Institute for Justice: https://ij.org/  Robert McNamara Profile: https://ij.org/staff/robert-mcnamara/  Devillier Oral Argument (with transcript and speaker highlights): https://youtu.be/OqpVdv_KkjE?si=2b0paALhLis_exLV 

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 offer for involuntary sales of property, like eminent domain.   At the end, Alan shares his thoughts on what a great Super Band would look like of his favorite musicians.   DISCLOSURE: The information herein has been prepared for educational purposes only and does not constitute an offer to purchase or sell investments. This material is not to be interpreted as tax or legal advice. Please speak with your own tax and legal advisors for advice/guidance regarding your particular situation.  DST 1031 properties are only available to accredited investors (typically defined as having a $1 million net worth excluding primary residence or $200,000 income individually/$300,000 jointly of the last two years and reasonably expects the same for the current year) and accredited entities. There are material risks associated with investing in private placements, DST properties and real estate securities including illiquidity, general market conditions, interest rate risks, financing risks, potentially adverse tax consequences, general economic risks, development risks, and potential loss of the entire investment principal.   Links: Alan Lichtenstein Profile: https://www.1031dst.com/alan-n-lichtenstein/  Alan Lichtenstein Email: alichtenstein@fortittudeinvestments.com  LinkedIn: https://www.linkedin.com/in/alan-n-lichtenstein-a77b926/  General Website: www.1031dst.com

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.com/attorneys/christopher-clough/ Guest Angela Misch: https://www.gunster.com/people/angela-j-misch  Guest Clint Schumacher: https://www.dawsonsodd.com/attorneys/clint-schumacher/  Guest Elizabeth Sockwell: https://www.millermillercanby.com/attorney/elizabeth-r-sockwell/

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 damages in condemnation cases, discuss the challenges of valuing a loss of access in the market, and provide examples from their experience.    Links: David Dominy at JLL: https://www.us.jll.com/en/people/david-dominy Cameron Boone at JLL: https://www.us.jll.com/en/people/cameron-boone  Episode 108: Mayor Steve Adler on the ED Podcast: https://podcasts.apple.com/us/podcast/special-joint-episode-with-the-infrastructure/id1437306753?i=1000599502892  State v. Schmidt (SCOTX, 1994): https://casetext.com/case/state-v-schmidt  Interstate Northborough v. State (SCOTX, 2001): https://casetext.com/case/interstate-northborough-v-state TXDOT Manual on Access Management: https://onlinemanuals.txdot.gov/TxDOTOnlineManuals/TxDOTManuals/acm/manual_notice.htm 

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 "Top 10" issues publication for the year and how a better understanding of broader real estate issues inform his legal practice.    Show Links: A. DellaPelle Law Firm Bio: https://www.mrod.law/team/anthony-f-della-pelle-cre/  A. DellaPelle on LinkedIn: https://www.linkedin.com/in/anthonydellapelle/  Counselors of Real Estate Main Page: https://cre.org/  CRE Application Process: https://cre.org/become-a-member/application-process/  CRE Real Estate Issues Publication (articles): https://cre.org/real-estate-issues/  CRE Top 10 Issues Facing Real Estate, 2024-25: https://cre.org/top-ten-issues/2024-25-top-ten-issues-affecting-real-estate/ 

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/Eminent-Domain-and-Land-Valuation-Litigation-2025-CG204   

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 trial strategy questions, including how to prepare clients for taking the stand, how to handle a landowner client whose valuation is higher than the appraiser, and negotiating with opposing counsel even when those efforts fail.  The cross exam includes a personal view into Nick's first car and life in outer space.  Links: https://www.rrmalaw.com/team/nick-atwood

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 Institute of the NAACP Legal Defense Fund. He is the author of The Color of Law: A Forgotten History of How Our Government Segregated America, which recovers a forgotten history of how federal, state, and local policy explicitly segregated metropolitan areas nationwide, creating racially homogenous neighborhoods in patterns that violate the Constitution and require remediation.  The book has almost 18,000 reviews and a 4.8 rating on Amazon. He is a graduate of Harvard University and previously served as the former national education columnist for The New York Times. Ms. Leah Rothstein also works on public policy and community change, from the grassroots to the halls of government. She led the Alameda County and San Francisco probation departments' research on reforming community corrections policy and practice to be focused on rehabilitation, not punishment. She has been a consultant to nonprofit housing developers, cities and counties, redevelopment agencies, and private firms on community development and affordable housing issues. Her policy work is informed by her years as a community organizer with PUEBLO and Californians for Justice, and as a labor organizer with the Union of Needletrades, Industrial, and Textile Employees (UNITE).  Their new book, Just Action, discusses local and community initiatives that all citizens can take to begin remedying the wrongs of the past.  Other Links: Just Action on Amazon: https://www.amazon.com/Just-Action-Challenge-Segregation-Enacted/dp/1324093242#customerReviews Just Action Book page with links and resources: https://www.justactionbook.org/ 

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/Seizure_of_the_Black_Hills 

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.ssrn.com/sol3/papers.cfm?abstract_id=4749322 Maureen E. Brady, Covenants and the Contract Clause, Va. Envt'l L.J. (forthcoming 2025), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4856354 Racabi, At Will as Taking, https://www.yalelawjournal.org/essay/at-will-as-taking  Ken Stahl, The Power of State Legislatures to Invalidate Private Deed Restrictions: Is It an Unconstitutional Taking?, 50 PEPP. L. REV. 579 (2023), https://digitalcommons.pepperdine.edu/plr/vol50/iss3/4/ Asbridge, Fines, Forfeitures, and Federalism, Virginia L. Rev. (forthcoming 2025), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4743053 Longoria, Hoardings, Villanova L. Rev, https://www.villanovalawreview.com/article/123450-hoardings  Longoria, Properly Construing the Just Compensation Clause, https://bclawreview.bc.edu/articles/3088 

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.   Links: https://www.winstead.com/People/Tom-Forestier  Episode 110: Chris Clough on the Austin Airport Taking https://www.eminentdomainpodcast.com/110-airport-taking/ 

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 property law.   Links: https://www.law.gmu.edu/faculty/directory/fulltime/somin_ilya  https://www.cato.org/people/ilya-somin https://www.theatlantic.com/ideas/archive/2024/06/constitutional-case-against-exclusionary-zoning/678659/  https://www.amazon.com/Grasping-Hand-London-Limits-Eminent/dp/022642216X/ref=tmm_pap_swatch_0?_encoding=UTF8&dib_tag=se&dib=eyJ2IjoiMSJ9.Av65EcHKeo7CqGfLDs_9-g.tENW9VkASB1jBty2_iVzTu5b5-S5ECKGI_CBiubYZHA&qid=1724864661&sr=1-1 

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 pleasure.  Old episodes will remain accessible at www.eminentdomainpodcast.com.  Farewell.

Robert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February.   Click here for information and registration for the ALI-CLE conference.   Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

Investigative journalists Brandi Kellam and Louis Hansen have uncovered the story of the Shoe Lane community in Newport News, Virginia, a middle-class black neighborhood that has been largely displaced and thwarted in its plans for growth by the establishment and expansion of a local university. Louis and Brandi's work underlines the true impacts of community displacement in the wake of eminent domain, and the groups who disproportionately suffer those impacts.   Find their work here: https://vcij.org/stories/how-virginia-college-expanded-by-uprooting-black-neighborhood https://www.propublica.org/series/uprooted   Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters such as the recent Hawaii wildfires.   Professor Saxer's book: Social Ecological Resilience and Sustainability   Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

The overwhelming majority of eminent domain cases settle, and Stephen Clarke of the Waldo & Lyle law firm in Virginia joins the show today to share insights on negotiating and documenting settlement agreements effectively. We also talk about his most recent appearance on the game show Jeopardy!   Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

Matthew Ackerman of the Ackerman & Ackerman law firm in Michigan joins the show to discuss what he has called “the pitfalls of objectively measured just compensation” – in other words, the ways in which fair market value may not make a property owner whole in the wake of a taking. Matthew also dives into potential reforms to address the intangible losses common in takings. Read more about this issue in his blog post here.   Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

James Lang of the Pender & Coward law firm joins the podcast to talk about the recent U.S. Supreme Court decision in Sackett v. EPA.  He also discusses the historical definitions used for the term “waters of the U.S.,” important in understanding the jurisdiction of the federal government to regulate land under or adjacent to waterways.    Texas A&M Associate Professor Tiffany Dowell Lashmet writes on the EPA's recently revised WOTUS definition here: https://agrilife.org/texasaglaw/2023/09/04/epa-releases-revised-wotus-definition/   Additionally, Professor James Stern of William & Mary Law School joins to talk about the Brigham-Kanner Property Rights conference scheduled for October 26-27 at the campus of the William & Mary law school.   Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

Deborah La Fetra of the Pacific Legal Foundation joins us to talk about the case of Financial Oversight and Management Board for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa, a unique case where the boundaries of just compensation and governmental restructuring collide.  Deborah and PLF served as counsel for several of the unpaid property owners. Additionally, Professor James Stern of William & Mary Law School joins to talk about the Brigham-Kanner Property Rights Conference scheduled for October 26-27 at the campus of the William & Mary Law School.  Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

In some jurisdictions, the loss of business goodwill is compensable in condemnation cases. Chartered Financial Analyst and Accredited Senior Appraiser Will Thomsen joins the show to discuss the factors that contribute to business goodwill, how he measures the impact of a taking on business goodwill, the evidence he relies on to support his valuations, and common challenges to appraising business goodwill in a condemnation case.   Please share your thoughts on the show or this episode with me. I'm on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

David Koller of Cushman & Wakefield's Chicago office joins the show to discuss his specialization of machinery and equipment valuation. We talk about the methodology involved, some unique examples of his work, how equipment appraisers collaborate with other professionals in the valuation process, and David's advice to property owners with a need for machinery and equipment valuation.   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 for episodes, please let me know.

Personal injury attorney and trial consultant Elizabeth Larrick joins the show to share her wisdom on preparing witnesses for deposition. We talk about assessing the strengths and weaknesses of witnesses, using preparation time effectively, the tools and technology she finds useful, and encouraging hesitant clients. Elizabeth's expertise is invaluable, and she shares an experience that illustrates our highest calling as trial lawyers – empowering our clients to tell their own stories.   Check out Elizabeth's podcast, Trial Lawyer Prep.   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 for episodes, please let me know.

Richard Marchitelli and Cory Savik join the podcast to talk about their work in a series of inverse condemnation cases arising in North Carolina when the State sought to restrict or prohibit development within corridors where they planned future projects.   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 for episodes, please let me know.

Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence.  There are some great nuggets of wisdom.    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 for episodes, please let me know.

Mike Schopmeyer and Michael DiRienzo of Kahn, Dees, Donovan & Kahn, LLP in Evansville, Indiana join the show to talk about a case that they recently completed and took through appeal called Guzzo v. Town of St. John. It is an interpretation of Indiana's post-Kelo legislation and also involves issues of highest and best use. Since the recording of this podcast, the Indiana Supreme Court denied further review in this case, making the decision of the Court of Appeals that we discussed on the podcast the final law in the case.   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 for episodes, please let me know.

In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the Penn Central test, why he wants to change it, and what he is doing about it.  We also discuss NY Jets football and the big Aaron Rodgers trade.    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 for episodes, please let me know.

This episode is the audio from a presentation given to the local International Right of Way Association on the topic of obstacles that arise in negotiations. It is a candid discussion about issues that arise on either side of an eminent domain negotiation that create friction.   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 for episodes, please let me know.

Kady Valois of Pacific Legal Foundation joins to discuss the recent case of Behrens v. United States from the Federal Circuit.  This is a rails-to-trails case where the outcome hinged on the language of an old easement.  The issues in this case have applicability in many types of cases involving the acquisition of easement rights.   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 for episodes, please let me know.

The person who is unafraid to show their authentic self is a powerful advocate. Authenticity gives us greater empathy for our clients, for the jury, even for opposing witnesses. Today's episode is about identifying our core values and understanding our authentic self – important processes for excelling in all areas of life, including the honorable task of speaking for our clients.   NOSCE TE IPSUM: Being Authentic with the Trier of Fact. This is the paper prepared and presented by Christian Torgrimson and Clint Schumacher at the 2023 ALI-CLE Eminent Domain Land Valuation and Litigation Conference.   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 for episodes, please let me know.

Chris Clough, Managing Partner for Barron, Adler, Clough and Oddo, PLLC in Austin, Texas joins us to talk about an eminent domain case involving the Austin airport. The Special Commissioners awarded Chris's client $90 million. We also talk about Texas condemnation procedure, as well as how he got into the eminent domain practice area.   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 for episodes, please let me know.

In this episode, Sydney Young joins to talk about her hometown of Paris, Texas, and the effect of an expansion of its main roadway, Loop 286. She also talks about how title companies work (she owns one!). 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 for episodes, please let me know.

This special joint episode of the Eminent Domain Podcast and the Infrastructure Junkies features civil rights lawyer turned eminent domain lawyer turned major city mayor, Steve Adler.  The former mayor of the City of Austin joins us to talk about his perspective on eminent domain from someone that has seen it from all sides.  He shares stories from his time as Mayor, including passing a historic funding package for new infrastructure and trying to tackle the ever-growing issue of homelessness. 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 for episodes, please let me know.

Kevin Twining, a partner in Locke Lord, LLP's Dallas office and co-chair of the firm's public finance group, joins us to discuss financing for large infrastructure projects. Sometimes that means accessing the public markets, sometimes it means financing through private banks. Kevin gives us a look behind the curtain to see how public entities acquire the funds for the projects that eminent domain practitioners work on.   If you will be in Austin for the ALI-CLE Eminent Domain Conference, please join us for a karaoke night at The Highball (1120 S Lamar Blvd) on Thursday, February 2 from 8:00 – 11:00 pm.   Registration is open for CLE International's Texas Eminent Domain Conference in Austin, TX at the Austin Country Club, April 13-14, 2023. Register here.   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 for episodes, please let me know.

Professor Jessica Asbridge of Baylor Law joins the podcast to discuss her upcoming law review article addressing the private delegation of the eminent domain power.  We have an insightful conversation that concerns the law and policy around private companies, such as pipelines, that exercise the eminent domain power, why that exercise is often subject to scant regulation, and the effect of that lack of oversight.  Professor Asbridge also suggests language from, of all places, the Kelo decision that might be helpful in considering a private entity's right to take property.   Professor Asbridge's article   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 for episodes, please let me know.

Many thanks to our twelve past podcast guests who joined to share some special memories and traditions from holidays in the past, or events they are looking forward to this year.  This was some great content, and I hope it will spur your own sweet memories, or maybe give you ideas for time with friends or family this year. 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 for episodes, please let me know.

Shane Rayman of Rayman Harris LLP in Toronto, Ontario joins the show to discuss a recent case out of the Supreme Court of Canada, Annapolis Group, Inc. v. Halifax Regional Municipality. Shane served as counsel for the Canadian Home Builders' Association, an intervenor in the case. The case deals with regulatory takings, and we discuss Canadian law around such takings. Shane makes a compelling case for why someone who is not impacted by a regulatory taking should care about someone else who is, and this leads to a discussion about Canada's non-constitutional protections of property rights in contrast to the constitutional protections of the United States.   Text of the decision Factum (written submission) of the Canadian Home Builders' Association   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 for episodes, please let me know.

Today, we are joined by the leaders of Pike Off OTA, a grass-roots organization formed initially to prevent the development of two proposed turnpikes, the East-West Corridor and the South Extension, that are in the vicinity of Oklahoma City.  Dr. Michael Nash, President, Whitney Mullica, Vice-President, and Dr. Amy Cerato, Board Member, talk to us about why they formed the organization and how their mission has expanded to oppose what they believe to be the overreach of the Oklahoma Turnpike Authority. We learn about the potential environmental and societal impacts of these turnpikes and how Pike Off OTA is mobilizing in opposition to the project.  Learn more at www.PikeOffOTA.com and youtube.com/PikeOffOTA.   Recommendations from our guests: The Worst Journey in the World, Apsley Cherry-Garrard Any book by Angie Debo Boomtown, Sam Anderson   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 for episodes, please let me know.

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's extensive research and community engagement played a large role in efforts that eventually led to the City publicly acknowledging and memorializing its history. Dr. Venable's story is that of an inspiring individual, as well as a cautionary tale of the potential abuses of public power. The case discussed in the podcast: State v. Weinstein Read Mr. Singer's excellent article here.   Mr. Singer's Recommendations: The Broken Heart of America by Walter Johnson Episode 480 of 99% Invisible: "Broken Heart Park"   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 for episodes, please let me know.

Sophia Holley, partner at KMK Law in Cincinnati, 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.   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 for episodes, please let me know.

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 practice and life design. We also get a preview of what's to come at the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference.   Register for the conference here.   Many thanks to all of you who download this show and share it with others. You are the reason we are celebrating 100 episodes!   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 for episodes, please let me know.

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 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 for episodes, please let me know.

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 issues of interest in the appraisal field.   Anthony's Blog Post: “The Netflix Series Ozark and Eminent Domain” Anthony on LinkedIn   Anthony recommends our friends at the Infrastructure Junkies podcast.   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 for episodes, please let me know.

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 Tenth Circuit in Lech v. Jackson. Practitioners will also find his insights on voir dire invaluable.   For more on Lech v. Jackson, listen to Episode 81 here.   Jeffrey's Recommendations: Short Circuit Podcast Bound by Oath Podcast Barbarian Days by William Finnegan   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 for episodes, please let me know.