Shows
Come and Take It: The Eminent Domain Podcast145: Adequate vs. Just Compensation: A Distinction Without a Difference?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 2025-04-2357 minCome and Take It: The Eminent Domain Podcast143: Joe Wilkinson on Technology and Marketing in ED CasesJoe 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.com2025-03-251h 03Come and Take It: The Eminent Domain Podcast142: The Great Attorneys' Fees Debate with Emilio LongoriaEmilio 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' 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/2025-03-101h 05Come and Take It: The Eminent Domain Podcast136: Robert Thomas on the ED Year in Review and 2025 ALI-CLE PreviewRobert 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 2024-12-091h 18Come and Take It: The Eminent Domain Podcast135: Nick Atwood on Oklahoma ED Procedure, Litigation Strategy, and Taking a Six-Year Case to TrialBobby 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. 2024-11-251h 22Come and Take It: The Eminent Domain Podcast132: Scholarship Round Up with Profs. Jessica Asbridge and Emilio LongoriaProfessors 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 Wil...2024-10-141h 06Come and Take It: The Eminent Domain Podcast131: Tom Forestier on the Austin Airport case, Alamo Plaza taking, and Litigating with Media CoverageTom 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/ 2024-09-301h 18Come and Take It: The Eminent Domain Podcast130: Prof. Ilya Somin on Briefing in Kelo, Exclusionary Zoning, and Finding Common Ground in Property LawProfessor 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/ ...2024-09-1652 min
Come and Take It: The Eminent Domain Podcast129: Under New Management: The Eminent Domain Podcast Returns!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. 2024-09-0224 minCome and Take It: The Eminent Domain PodcastDavid Koller on Machinery and Equipment ValuationDavid 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.2023-08-0117 minCome and Take It: The Eminent Domain PodcastElizabeth Larrick on Preparing Witnesses for DepositionPersonal 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 T...2023-07-1737 minCome and Take It: The Eminent Domain PodcastCorridor Preservation - Valuation Issues Posed by Efforts to Restrict Development in Future Highway Corridors with Richard Marchitelli and Cory SavikRichard 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.2023-07-0333 minCome and Take It: The Eminent Domain PodcastBrad Kuhn on Trying an Eminent Domain CaseBrad 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.2023-06-1923 minCome and Take It: The Eminent Domain PodcastMike Schopmeyer and Michael DiRienzo’s Post-Kelo Victory in IndianaMike 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...2023-06-0230 minCome and Take It: The Eminent Domain PodcastJon Houghton and his Penn Central QuestIn 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.2023-05-1934 minCome and Take It: The Eminent Domain PodcastFriction in the Negotiation ProcessThis 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.2023-05-0242 minCome and Take It: The Eminent Domain PodcastKady Valois on The Importance of Easement LanguageKady 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.2023-04-1731 minCome and Take It: The Eminent Domain PodcastAuthenticity as an Eminent Domain Trial LawyerThe 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. 2023-04-0417 minCome and Take It: The Eminent Domain PodcastChris Clough on a Taking at the Austin AirportChris 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.2023-03-1635 minCome and Take It: The Eminent Domain PodcastParis, Texas with Sydney YoungIn 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.2023-03-0124 minCome and Take It: The Eminent Domain PodcastSpecial Joint Episode with the Infrastructure Junkies - Mayor Steve AdlerThis 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_Clin...2023-02-1439 minCome and Take It: The Eminent Domain PodcastKevin Twining on Project FinancingKevin 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, Febru...2023-02-0136 minCome and Take It: The Eminent Domain PodcastProfessor Jessica Asbridge on Private Delegations of the Eminent Domain PowerProfessor 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 2023-01-1631 minCome and Take It: The Eminent Domain PodcastHoliday Special 2022Many 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.2022-12-2030 minCome and Take It: The Eminent Domain PodcastShane Rayman on Annapolis Group, Inc. v. Halifax Regional MunicipalityShane 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 t...2022-12-0126 minCome and Take It: The Eminent Domain PodcastPike Off OTA Leaders Share Their MissionToday, 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 m...2022-11-1631 minCome and Take It: The Eminent Domain PodcastJames Singer on Dr. H. Phillip Venable and "Reckoning in Creve Coeur"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 a...2022-11-0348 minCome and Take It: The Eminent Domain PodcastSophia Holley on Right-to-Take Laws and Diversity in the Legal ProfessionSophia 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.2022-10-2032 minCome and Take It: The Eminent Domain PodcastRobert Thomas on Eminent Domain, Law Practice, and LifeJoining 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. Ma...2022-10-031h 02Come and Take It: The Eminent Domain PodcastJon Houghton on Regulatory TakingsJon 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...2022-09-1633 minCome and Take It: The Eminent Domain PodcastAnthony Alderman on Eminent Domain in Pop CultureAnthony 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....2022-09-0137 minCome and Take It: The Eminent Domain PodcastJeffrey Redfern: Baker v. City of McKinney, Texas – Police Power and Eminent DomainWhen 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 E...2022-08-1525 minCome and Take It: The Eminent Domain PodcastChad Griffiths on the Industrial Real Estate MarketChad 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 takeovers. Chad looks into the crystal ball about how the industrial market will fare in our current economy. Chad’s podcast, The Industrial Real Estate Podcast Chad's YouTube channel, The Industrial Real Estate Show Please share your...2022-08-0234 minCome and Take It: The Eminent Domain PodcastStephen Clarke on Jeopardy!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 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, ple...2022-07-1925 minCome and Take It: The Eminent Domain PodcastProperty Rights Leaders RoundtableOn 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 field of eminent domain and property rights, the landmark cases that have shaped their careers, and the issues and cases that are on the horizon at each of their organizations. Links from the Institute for...2022-07-1854 minCome and Take It: The Eminent Domain PodcastPhilip Hundl on the Matterhorn Express PipelineEminent 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 his practice at txcondemnationrights.com. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about fut...2022-07-0127 minCome and Take It: The Eminent Domain Podcast10 Questions to Ask Before Hiring a Lawyer with Jason SoddIf 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 who face the often daunting process of eminent domain acquisition. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If yo...2022-06-1522 minCome and Take It: The Eminent Domain PodcastDaniel Woislaw - What Fifth Amendment Lawyers Need to Know About the Fourth AmendmentDaniel 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 recommendations: Origins of the Fifth Amendment: The Right Against Self-Incrimination by Leonard Levy Rise of the Warrior Cop, by Radley Balko Please shar...2022-06-0129 minCome and Take It: The Eminent Domain PodcastChristina Martin on Home Equity TheftChristina 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 also the most likely victims. Ms. Martin discusses where this happens, why it happens, and why she is motivated to stop it. Please share your thoughts on the show or thi...2022-05-1622 minCome and Take It: The Eminent Domain PodcastSpecial Joint Episode with the Infrastructure Junkies: Jeremy Young on the Infrastructure Investment and Jobs ActWant 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 reading all 1,039 pages? 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.2022-05-0337 minCome and Take It: The Eminent Domain PodcastScott Heiart and Michael Ash: Coming Together from Across the Eminent Domain AisleIn 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 of coupling zealous advocacy with professionalism and courtesy. Michael’s book recommendation: Eat a Peach by David Chang Scott’s book recommendation: The Jud...2022-04-1533 min
Come and Take It: The Eminent Domain PodcastJeremy Hopkins on Identifying the Issues in an Eminent Domain MatterJeremy 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 legislative side in Virginia and Utah. Jeremy’s Book Recommendation: The American Covenant by Marshall Foster Please share your thoughts on the show or this episode with me. I’m on Twitt...2022-04-0120 minCome and Take It: The Eminent Domain PodcastChristina Thoreson on Explaining Appraisal Information to a JuryChristina 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 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.2022-03-1523 min
Come and Take It: The Eminent Domain PodcastBob Grace: Capitalization Rates – What Are They and How to Explain ThemBob 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 for episodes, please let me know.2022-03-0112 minCome and Take It: The Eminent Domain PodcastProfessor Julia Mahoney on Cedar Point NurseryIn 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 property rights at the U.S. Supreme Court. Listeners of this podcast are encouraged to check out the Infrastructure Junkies podcast with Dave Arnold and Kristen Bennett, as well a...2022-02-1515 minCome and Take It: The Eminent Domain PodcastJosh Baker on Valuing Temporary EasementsJosh 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 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.2022-02-0217 min
Come and Take It: The Eminent Domain PodcastBob Belden on Contesting an Economic Development Taking in New YorkBob 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 current legal environment on economic development takings in the State of New York. More about the matter on the Institute for Justice Website: https://ij.org/press-release/new-york-residents-fight-to-defend-their-homes/ Bob’s...2022-01-1922 min
Come and Take It: The Eminent Domain PodcastProfessor Emilio Longoria on the Problematic Police Power Exemption after Lech v. JacksonProfessor 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 also explains where he believes the court went wrong in its application of three important Supreme Court cases cited in the opinion. Professor Longoria’s book recommendation: Richard Rogers – Cities for...2022-01-0338 min
Come and Take It: The Eminent Domain PodcastHoliday SpecialFor 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, and Robert Thomas for contributing. Happy Holidays, everyone! Click here for more information on the Eminent Domain and Land Valuation Litigation conference. Here is a recipe for Ozoni, the soup mentioned by Robert Thomas. Please...2021-12-1738 min
Come and Take It: The Eminent Domain PodcastJudge Andrew Edison on the Legacy of Robert MosesU.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 Moses’ legacy is relevant to today’s discussions surrounding the potential impacts of the currently debated infrastructure bill, both intended and inadvertent. The Power Broker: Robert Moses and the Fall o...2021-12-0141 min
Come and Take It: The Eminent Domain PodcastPhil Sever, Tonny Storey, and Jordan Walker on Asbury vs EQT – A Class-Action Inverse Condemnation CaseEminent 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. We discuss the case and how its substantive and procedural background has led the team to where they are today. Sever Storey, LLP: https://landownerattorneys.com/ Please share your thoughts on the show or this episode...2021-11-1532 min
Come and Take It: The Eminent Domain PodcastJay Small on the National Eviction Moratorium as a Potential TakingEminent 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 shift of economic risk to landlords, as well as what Jay notes is a curious omission of Yee v. City of Escondido. SCOTUS Opinion: https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c...2021-11-0143 min
Come and Take It: The Eminent Domain PodcastProfessor Lee Fennell on Implicit Takings After Cedar Point NurseryToday, 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 creative and detailed analysis of the Supreme Court’s Cedar Point opinion. In particular, the article dissects the many exceptions the Court has enumerated to the newly expanded definition of a per se physic...2021-10-1538 min
Come and Take It: The Eminent Domain PodcastCasey Pipes on Broadband Expansion via Utility EasementsCasey 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 interesting subtopic is how these issues specifically affect railroads, and what these types of statutes could mean for other private entities in the path of broadband expansion. Below are links to the case in Virginia and...2021-10-0125 min
Come and Take It: The Eminent Domain PodcastSteve McCune on Construction Costs in a Unique TimeSteve 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 construction cost estimator. We also dive into what Steve terms the “perfect storm” of events over the last 16 months that has led to the unpredictability, shortages, and price escalation in the construction mate...2021-09-1524 min
Come and Take It: The Eminent Domain PodcastPatrick McCallister and Beth Smith, Founders of the Eminent Domain and Right of Way ClubPatrick 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 connecting with fellow professionals in the industry, and future plans for the group. Facebook Group: https://www.facebook.com/eminentdomainRWClub Patrick on LinkedIn: https://www.linkedin.com/in/patrick-mccallister-sr-wa-88798528/ Beth on LinkedIn: https://www.linkedin.com...2021-08-3122 min
Come and Take It: The Eminent Domain PodcastIvy Cadle on Condemnation Clauses in Commercial LeasesIvy 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 condemnation clauses: https://www.bakerdonelson.com/webinar-commercial-leases-and-takings-how-to-leverage-your-rights-in-eminent-domain-cases Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future sho...2021-08-1636 minCome and Take It: The Eminent Domain PodcastCarolyn Elefant Discusses PennEast Pipeline Co. v. New Jersey 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 blog site, My Shingle, which can be found here: https://myshingle.com/ Please share your thoughts on the show or this episode with me. I’m on Twit...2021-08-0524 min
Come and Take It: The Eminent Domain PodcastSteve Fretzin Discusses Finding The Right ClientsBusiness 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.2021-07-1934 min
Come and Take It: The Eminent Domain PodcastProfessor Josh Blackman Discusses Cedar Point NurseryProfessor 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.pdf2021-07-0217 min
Come and Take It: The Eminent Domain PodcastRobert Thomas ReturnsRobert Thomas of inversecondemantion.com and the Pacific Legal Foundation returns for Episode 68 of the podcast to discuss current cases to know. 2021-06-291h 01
Come and Take It: The Eminent Domain PodcastDiscussion of Trying Cases As Trust Erodes and Corridor Valuation TheoryEpisode 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 (Tex.App.-Houston[1st Dist.] 2020, pet. pending). Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future...2021-06-1730 min
Come and Take It: The Eminent Domain PodcastJody Sodd McSpadden Discusses Striving for Excellence in all Arenas of LifeIn 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 anger when advocating for a client. 2021-05-1226 min
Come and Take It: The Eminent Domain PodcastDaniel Garodnick Tells the Story of Saving Stuyvesant TownDaniel 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 affordable housing preservation win. His story has been recorded in the recently released book Saving Stuyvesant Town: How One Community Defeated the Worst Real Estate Deal in History. 2021-04-0533 min
Come and Take It: The Eminent Domain PodcastAdam Sanders Discusses Takings of Privately-Owned UtilitiesAdam 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.2021-03-2154 min
Come and Take It: The Eminent Domain PodcastStories About Picking Juries with Matt HurtMatt 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/attorneys/matt-hurt/ 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 epi...2021-02-2441 min
Come and Take It: The Eminent Domain PodcastThe Current Status of Covid Related Takings LitigationIn 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-emergency/ Some cases discussed during the podcast: Armstrong v. U.S. Home Building & Loan Ass'n v. Blaisdell Wisconsin Legislature v. Palm Elkhorn Baptist v. Brown County of Butler v. Wolf South Bay Penecostal v. Newsom Ca...2021-02-0846 min
Come and Take It: The Eminent Domain Podcast61. The Tables Turned - A Conversation Between Two ClintsIn 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!2021-01-2457 min
Come and Take It: The Eminent Domain PodcastRobert Thomas Discusses the 2021 Eminent Domain ConferenceRobert 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 One Word book by Jon Gordon, Jimmy Page, and Dan Britton is here: https://www.amazon.com/Word-That-Will-Change-Expanded/dp/11188094242021-01-0532 min
Come and Take It: The Eminent Domain PodcastJustin Hodge: A Story About a Taking for a Highway Rest StopJustin 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). 2020-12-2329 min
Come and Take It: The Eminent Domain PodcastBillboards and Eminent Domain with Richard RothfelderRichard 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. 2020-12-0442 min
Come and Take It: The Eminent Domain PodcastThe Pendulum Land Podcast CrewDave 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.2020-11-1656 min
Come and Take It: The Eminent Domain PodcastProfessor David Callies Discusses Regulatory Takings After KnickProfessor David Callies joined the podcast to discuss his new book Regulatory Takings After Knick. 2020-10-2941 min
Come and Take It: The Eminent Domain PodcastEp 55 - Alan Ackerman Discusses Right to TakeAlan 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 to Beaver. 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 fo...2020-09-1528 min
Come and Take It: The Eminent Domain PodcastThe Emotions of An Eminent Domain Action with Stephen ClarkeStephen 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." 2020-09-0137 min
Come and Take It: The Eminent Domain Podcast53. The Ruling in Alleghany Defense Fund v. FERC with Carolyn ElefantCarolyn 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 that "could radically disrupt and fundamentally alter the way [FERC] handles challenges to its orders." Carolyn explains the decision of the D.C. Circuit which holds, among other rulings, that the Natural Gas Act (NGA...2020-08-1638 min
Come and Take It: The Eminent Domain PodcastTrying Pipeline Cases with Luke Ellis and Tyler MiltonLuke 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!2020-07-3150 min
Come and Take It: The Eminent Domain PodcastLessons Learned with Clay BeardClay 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.2020-07-1727 min
Come and Take It: The Eminent Domain PodcastAre Covid-19 Regulations Takings? with Robert Thomas"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.2020-07-011h 06
Come and Take It: The Eminent Domain PodcastThor Hearne Discusses Railway Easements and Other CasesThor 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. 2020-06-1522 min
Come and Take It: The Eminent Domain PodcastFighting the Swan with Josh BakerIn 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.2020-06-0121 min
Come and Take It: The Eminent Domain PodcastPlaying Four Corners with FERC - Carolyn ElefantIn 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 challenge to FERC approval.2020-05-1139 min
Come and Take It: The Eminent Domain PodcastOut of the Box Thinking with Steve SilvaIn 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. 2020-05-0131 min
Come and Take It: The Eminent Domain PodcastNancie Marzulla Shares a Story About a Taking at Dallas Love FieldIn 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.2020-04-1530 min
Come and Take It: The Eminent Domain PodcastReflections on Practicing Law Remotely Plus Philip Hundl and Tony DellaPelleIn 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. 2020-04-0329 min
Come and Take It: The Eminent Domain Podcast43. Dana Berliner Shares StoriesIn 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. 2020-03-1337 min
Come and Take It: The Eminent Domain Podcast42. Robert McNamara Discusses Carousel Farms Plus Delia Root JoinsIn 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 Professor Thomas' class, and her paper on taking liability for government inaction.2020-02-2922 min
Come and Take It: The Eminent Domain PodcastLive from Nashville Volume 1 - The Law StudentsIn 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. Stanley D. Bujnoch, Life Estate.2020-02-0432 min
Come and Take It: The Eminent Domain PodcastEp 40 Pipeline Right to Take IssuesIn 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. 2020-01-1815 min
Come and Take It: The Eminent Domain PodcastEP 39 - Discussion with Orange County Appraiser Ryan HargroveWe 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.2019-11-2737 min
Come and Take It: The Eminent Domain PodcastDealing with Difficult People with Pete Havel, author of The Arsonist in the OfficeIn 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 Nashville, Tennessee can be found here: https://www.ali-cle.org/course/CB005 Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have though...2019-11-1031 min
Come and Take It: The Eminent Domain PodcastReflections on Being Called for Jury DutyIn 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 find out and how you want to get the information 2019-10-0726 min
Come and Take It: The Eminent Domain PodcastShort Term Rentals with Robert Thomas and Robert "Bob" GraceIn 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 about how his mother was an eyewitness to history. 2019-09-221h 05
Come and Take It: The Eminent Domain PodcastSam Schwartz aka Gridlock Sam Discusses Self-Driving Cars and Future RoadsIn 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.2019-08-0531 min
Come and Take It: The Eminent Domain PodcastEp 34 Discussion of Knick v. Township of ScottIn 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.inversecondemnation.com/inversecondemnation/2019/06/knick-round-up.html2019-06-2415 min
Come and Take It: The Eminent Domain PodcastClint Harbour Discusses Eminent Domain From the Government SideClint 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.2019-06-0243 min
Come and Take It: The Eminent Domain PodcastEp 32 - JJ Rolling discusses Wisconsin, Highest and Best Use, and Lease ClausesJJ 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 and a recent case involving K-Mart out of Utah. We also have the first use of the word "gnarly" on the podcast. 2019-05-1739 min
Come and Take It: The Eminent Domain PodcastTexas High Speed Rail Discussion with Patrick McShanIn 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 under Texas law. Patrick brings us up to speed on those cases. We also discuss the proposed project's financial feasibility, administrative history, and potential future moves in the Texas Legislature. The F...2019-04-1237 min
Come and Take It: The Eminent Domain PodcastFailure and StorytellingIn 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 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 episo...2019-03-1818 min
Come and Take It: The Eminent Domain PodcastEp 29 - Ranching and RelocationIn 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 meetings and conferences on these issues and has published several law review articles, extension fact sheets, magazine articles, and newspaper articles on these topics. She also authors the award-winning Texas Agriculture Law Blog, recognized as one of the Top 100 Legal Blogs i...2019-02-2834 min