Shows
Come and Take It: The Eminent Domain Podcast139: Live from San Diego! ALI-CLE 2025 Conference CoverageIn 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/2025-02-0322 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 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 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 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 min
Come 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 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 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
Come and Take It: The Eminent Domain PodcastEdison and Clarke from Palm SpringsOn January 24-25, 2019, I recorded several episodes with presenters and attendees of the 2019 ALI Eminent Domain and Land Valuation conference in Palm Springs, California. In Episode 27 of the Eminent Domain Podcast, I play back interviews with U.S. Magistrate Judge Andrew Edison of Houston and eminent domain lawyer and blogger Stephen Clarke of Norfolk, Virginia. They are both great interviews. Judge Edison shared information about one of the most interesting taking cases in U.S. history, the case of the government's taking of the original Zapruder film, the video of the assassination of President Kennedy filmed by Abrah...2019-02-0123 minCome and Take It: The Eminent Domain PodcastEp 22 Condemnation Issues in Colorado with Sarah Kellner In Episode 22 of the Eminent Domain Podcast, we have a great episode for you titled "Condemnation Issues in Colorado." Our guest is Sarah Kellner. Sarah is a partner with the Faegre Baker Daniels law firm resident in their Denver office. We have an interesting and informative conversation with Sarah about the eminent domain process in Colorado, the inseparability doctrine, some constitutional amendments that were proposed in Colorado, and Sarah's favorite holiday, Halloween. Among other cases that we discuss regarding the inseparability doctrine, we discuss the 1924 U.S. Supreme Court case of Campbell v. United States. https...2018-11-1533 minCome and Take It: The Eminent Domain Podcast21 - Hospitality Condemnation from the Client Side featuring Ellison Riley of CorePoint LodgingIn Episode 21 of the Eminent Domain Podcast, we have a great episode for you titled "Hospitality Condemnation from the Client Side." Our guest today is Ellison Riley. Ellison is Director of Real Estate for CorePoint Lodging in Irving, Texas. Both in her role with CorePoint and in her prior role with La Quinta, Ellison has overseen and managed a number of complex condemnation acquistions. We have an interesting and informative conversation with Ellison about the eminent domain process through the eyes of the client. Ellison also offers up some binge-watching TV suggestions: Goliath (starring Billy Bob Thornton), Harry...2018-10-3125 minCome and Take It: The Eminent Domain Podcast20. Preparing Your Witness and Eminent Domain in Georgia with Christian TorgrimsonOur guest today is Christian Torgrimson. Christian is a founding partner in the firm of Pursley Friese & Torgrimson in Atlanta, Georgia and an excellent condemnation lawyer. We have an interesting and informative conversation with Christian about the eminent domain process in Georgia and we also cover some great practice pointers about getting a witness prepared to testify effectively. A link to Christian’s bio is here: http://pftlegal.com/ourteam/torgrimson/ In our opening statement, we discuss three cases where the U.S. Supreme Court recently denied certiorari. They are: Pacetta, LLC v. Town of Ponce In...2018-10-1626 minCome and Take It: The Eminent Domain Podcast19. Eminent Domain and Public Use Issues in New Jersey with Anthony DellaPelleIn Episode 19 of the Eminent Domain Podcast, we have a great episode for you that we are calling “Eminent Domain and Public Use Issues In New Jersey.” Our guest today is Anthony DellaPelle. Anthony is a partner in the firm of McKirdy Riskin Olson DellaPelle in Morristown, NJ. Anthony’s practice focuses on eminent domain, redevelopment law, and real estate tax appeals. We have an interesting and informative conversation about a number of eminent domain issues in New Jersey, including an interesting public use issue that Anthony is facing. A link to Anthony’s bio is here: https://mckirdyriskin.com/team/anthon...2018-10-0143 minCome and Take It: The Eminent Domain Podcast18. Williamson County Revisited – Six Degrees of Robert Thomas In Episode 18 of the Eminent Domain Podcast, we are excited to be back after a brief hiatus, a change in law firms, and a rebuild of our website infrastructure. As we return, we have a great episode for you that we are calling “Williamson County – Revisited or Six Degrees of Robert Thomas ” as our guest today is Robert Thomas. Robert is our first 2nd time guest. Robert is the editor, curator, and author of the very popular blog, www.inversecondemnation.com. Robert joined us from Williamsburg, Virginia where he is spending a semester teaching Eminent Domain la...2018-09-1350 minCome and Take It: The Eminent Domain Podcast17. Let’s Get It Right – Estimating Construction Costs with Bennett RatliffIn Episode 17, Bennett Ratliff joins us to talk about estimating construction costs and how a civil engineer can assist with eminent domain valuation issues. Bennett and his company the Ratliff Group can be found here: http://www.ratliffgroup.com/ In our opening statement, we discuss the recent trial court opinion from the U.S. Court of Federal Claims in Phase I of Ideker Farms v. U.S. The opinion can be accessed here: https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2014cv0183-426-0 Also, please share your thoughts on the show or this episode...2018-04-0225 minCome and Take It: The Eminent Domain Podcast16. Tales from the Border Wall with T. Christian Miller T. Christian Miller In Episode 16, T. Christian Miller of ProPublica joins us to talk about ProPublica’s series of articles on the Border Wall. The excellent series can be found here: https://www.propublica.org/series/the-taking In our opening statement, we discuss the new pipeline project by PennEast running from Pennsylvania to New Jersey. More information can be found at PennEast’s website: http://penneastpipeline.com/news/ Also, please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. My webpage bio is here: http...2018-02-2825 minCome and Take It: The Eminent Domain Podcast15. Development Credits, Permitting, and Ripeness with Mark Miller of Pacific Legal Foundation Mark Miller In Episode 15, Mark Miller of the Pacific Legal Foundation joins us to talk about three cases that PLF is involved in presently, including the case of Ganson v. City of Marathon in which the U.S. Supreme Court recently denied certiorari. Mark was a very entertaining and informative guest. Ganson v. City of Marathon Marquette County Road Commission v. EPA Pacetta v. Town of Ponce Inlet Some other helpful links: The Pacific Legal Foundation blog on the Ganson case The Pacific Legal Foundation...2018-02-0644 minCome and Take It: The Eminent Domain Podcast13. Penn Central and the Loft by Central Park Professor Jamila Jefferson-Jones In Episode 13, Professor Jamila Jefferson-Jones joins us to discuss the sharing economy, regulations on short-term rentals, and how such regulations might rise to the level of a unconstitutional taking. In the opening statement, my colleagues and I discuss some of our favorite holiday traditions. Professor Jefferson-Jones bio page is here: https://law.umkc.edu/directory/faculty-directory/name/jamila-jefferson-jones/ Professor Jefferson-Jones twitter handle: @Jamilajeff A link to Professor Jefferson-Jones’ article – Airbnb and the Housing Segment of the Modern ‘Sharing Economy’: Are Short-Term Rental Restrictions an Unconstitutional Taking? is here: https...2017-12-1528 minCome and Take It: The Eminent Domain Podcast12. When the Government Pays for the Moving Van with Ms. Lisa Harrison Ms. Lisa Harrison In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. Ms. Harrison is one of the leading experts on the Uniform Relocation Assistance and Real Property Acquisition Act and is an enthusiastic and informative guest. In the opening statement, we discuss the case of Long v. State from the State of South Dakota. The recently released opinion can be found here: http://ujs.sd.gov/uploads/sc/opinions/27368b74ymo4.pdf Pinnacle Consulting’s website is here: http://pcmgi.com/...2017-12-0433 minCome and Take It: The Eminent Domain Podcast11. Damaging Clauses with Professor Maureen "Molly" Brady Professor Maureen Brady In Episode 11, Professor Molly Brady from the University of Virginia joins us to discuss damaging clauses and her recent law review article. She has done some great research and is an enthusiastic and informative guest. In the opening statement, we discuss the case of Brott v. United States. The recently filed Petition for Writ of Certiorari can be found here: http://www.inversecondemnation.com/inversecondemnation/2017/11/new-cert-petition-property-owners-entitled-to-jury-article-iii-judge-in-federal-inverse-cases.html Professor Brady’s article on damaging clauses can be accessed here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3028880 Professor Brady’...2017-11-1634 minCome and Take It: The Eminent Domain Podcast10. Negotiating for Project Change and the National Environmental Policy ActIn Episode 10, I share some thoughts around negotiating for a change in a project to benefit the utility of the remainder property. I also discuss the National Environmental Policy Act or NEPA. More information on NEPA can be found at 40 CFR 1508. In the opening statement, in honor of Halloween, I discuss an article from the Columbus Dispatch regarding a proposed condemnation of a haunted house by an Ohio school district. The article can be found here: http://www.dispatch.com/news/20171024/school-district-seeks-to-use-eminent-domain-to-take-delaware-county-couples-haunted-house More information on the referenced CLE International Eminent Domain Conference in Las V...2017-10-3125 minCome and Take It: The Eminent Domain Podcast9. Special Use Properties and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970In Episode 9, I share a recent presentation regarding valuation of special use properties. During that presentation, I also touched upon the little discussed concept of “manifest injustice” that is in U.S. Supreme Court jurisprudence. In the Opening Statement, I discuss the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970. Cases discussed include: Religious of the Sacred Heart of Texas v. City of Houston, 836 S.W.2d 606 (Tex. 1992) Barnhart v. Brinegar, 362 F.Supp. 464 (W.D. Mo. 1973) Beaird-Poulan v. Department of Highways, State of Louisiana, 441 F.Supp. 866 (W.D. La. 1977) More information on the referenced 14th Annual Bri...2017-10-0334 minCome and Take It: The Eminent Domain Podcast8. When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP, Houston, Texas Derrick Carson Derrick Carson joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast Texas, and a discussion of how the government’s decision to flood certain properties to stave off greater damage could result in inverse condemnation claims for those people impacted. Derrick resides in Kingwood, one of the most impacted neighborhoods, and gives a first hand account of helping his neighbors clean up following the disaster and sharing his home with a family that lost theirs. We discuss whether and how an inverse condemnation claim might be one avenue to...2017-09-1840 minCome and Take It: The Eminent Domain Podcast7. Water and Condemnation with Professor Vanessa Casado Perez Professor Vanessa Casado Perez Professor Vanessa Casado Perez of the Texas A&M School of Law in Fort Worth, Texas joins us to discuss water law and how it intersects with the eminent domain world. We discuss the differing legal systems applicable to water in U.S., the Owens Valley California Water Wars, the Tulare Lake Basin Water Storage District case, the Casitas Municipal Water District Case, and the Edwards Aquifer Authority v. Day case. Professor Casado Perez also gave some great movie recommendations (including Chinatown), suggests that Penelope Cruz would be play her in the future mo...2017-09-0145 minCome and Take It: The Eminent Domain Podcast6. Dr. Robert Gordon Discusses Presenting a Condemnation Case to a Jury Dr. Robert Gordon Dr. Robert Gordon, one of the leading trial and settlement scientists in the country, joins us to discuss issues relating to presenting a condemnation case to a jury. Dr. Gordon discusses how a juror’s personal experiences influence their view of the case and how the most credentialed expert may not be the best expert. We also have references to Yoda, Superman, Wonder Woman, and Spider Man! Dr. Gordon can be found here: http://www.virtualjury.com/ More information on the referenced 14th Annual Brigham-Kanner Property Rights Conference can be found...2017-08-1536 minCome and Take It: The Eminent Domain Podcast5. Shane Rayman Discusses Expropriation Law in Canada and Jeff Mead Discusses Municipal Tree Ordinances Shane Rayman We go international in Episode 5 with Shane Rayman of Rayman Beitchman LLP in Toronto, Ontario. Shane discusses how the eminent domain process works in Canada, including a discussion on the right to take, the full compensation system, and interesting projects taking place in Ontario. In the Opening Statement, Jeff Mead discusses Municipal Tree Ordinances, including the recent Texas Attorney General Opinion about when such ordinances may constitute regulatory takings. Shane also gives valuable dining advice when in Toronto! A link to Shane Rayman’s bio is here: Shane Rayman ...2017-07-3133 min