Shows
Come 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 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 06
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