Eminent Domain and Land Valuation Litigation
Free PodCast
Listen to "Keynote Address - Supreme Neglect: How To Revive Constitutional Protection for Private Property" from the program Eminent Domain and Land Valuation Litigation originally presented January 3-5, 2008
Why Attend?
With the national spotlight focused on the power of eminent domain as never before, one of ALI-ABA's most popular and longest-running courses of study returns. This annual course offers a perfect opportunity for eminent domain lawyers representing owners and condemning authorities, together with professionals from allied fields, to share useful ideas and experiences and to engage in healthy debate on the cutting edge issues of the day. One of the unique aspects of the program is the opportunity to meet with colleagues from around the nation, exchange ideas, and enjoy fellowship.
On Thursday and Friday afternoons, registrants may choose between topics on two concurrent tracks – one on practice issues and case studies, and the other on substantive issues. This year a significant portion of the conference is also devoted to presentations on the emergence of Public-Private Partnerships (PPPs) as an alternative to traditional eminent domain takings, and why this trend is capturing the attention of public governmental agencies across the nation.
What You Will Learn
The learning and associations resulting from this unique national fellowship make this course one not to be missed. Active participation by registrants also enhances the success of the program. Taught by some of the most experienced practitioners and litigators across the country, the course offers more than 16 hours of instruction, including one hour of ethics, over a wide range of topics, including annual updates on eminent domain, condemnation and land valuation, regulatory takings, and public private partnerships.
Featuring 27 sessions on key issues, including:
Public-Private Partnerships
National Law Update: The State of Takings Law and Valuation Issues around the Nation
How Public Use Affects the Right-to-Take Litigation
Recent Trends in Exercising Eminent Domain Powers
Dealing with Retaliatory Complaints against Appraisers
An Alternative Approach to Redevelopment Projects
Condemning for Utility Acquisitions
Valuation of Non-Profits in Condemnation
Litigating a Takings Claim as a Class Action
Regulatory Takings
Compensation for Taking of Trade Fixtures
The Undivided Basis Rule in Valuing Property
Opposing Claims against Condemnation Proceeds
Mediation of Eminent Domain Cases
Strategies for Addressing Damages Due to Highway Improvements
Full-time employees of federal, state, and local governments and government agencies are eligible to attend this course for $849. Click here for details.
The program runs concurrently with ALI-ABA's annual course of study, Condemnation 101: How To Prepare and Present an Eminent Domain Case. This unique format allows practitioners who are new in the field of eminent domain to network with many of the nation's most experienced condemnation lawyers, and to benefit from many of those same lawyers serving as their faculty. Special Offer - Register for Eminent Domain and Land Valuation Litigation and get 50% off Condemnation 101: Fundamentals of Condemnation Law and Land Valuation for an associate. Click here for details.
Who Should Attend
This annual course offers a perfect opportunity for eminent domain lawyers representing owners and condemning authorities, together with professionals from allied fields, to share useful ideas and experiences and to engage in healthy debate on the cutting edge issues of the day. One of the unique aspects of the program is the opportunity to meet with colleagues from around the nation, exchange ideas, and enjoy fellowship.
Planning Chairs
Leslie A. Fields, Faegre & Benson LLP, Denver
Joseph T. Waldo, Waldo & Lyle, P.C., Norfolk, Virginia
Faculty
Eleasalo V. Ale, Faegre & Benson LLP, Minneapolis, Minnesota
Mr. Stephen C. Beatty, KPMG LLP, Toronto, Ontario,
Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles, California
Dana Berliner, Institute for Justice, Arlington, Virginia
Amy Brigham Boulris, Brigham Moore LLP, Miami, Florida
Mr. Thomas W. Bradshaw, Jr., Managing Director, Citigroup Global Markets, Inc., New York, New York
Andrew P. Brigham, Brigham Moore LLP, Jacksonville, Florida
Toby Prince Brigham, Brigham Moore LLP, Coral Gables, Florida
Karen L. Brody, Lowe, Fell & Skogg, Denver, Colorado
Deborah E. Brown, Director, Virginia Dept. of Transportation, Richmond, Virginia
Mr. Sonny Brown, Managing Director, Zachry American Infrastructure, ,
James S. Burling, Principal Attorney, Property Rights Practice Group, Pacific Legal Foundation, Sacramento, California
Mr. Lowell Clary, Clary Consultants, LLC, Tallahassee, Florida
Ms. Stephanie Coleman, MAI, SRA, Appraisal Inst., Chicago, Illinois
Robert Denlow, , Denlow & Henry, Saint Louis, Missouri
L. Steven Emmert, Sykes, Bourdon, Ahern & Levy, P.C., Virginia Beach, Virginia
Robert C. Gilbert, Hanzman Gilbert LLP, Coral Gables, Florida
Hon. Sir Robert L. Harris, The McCammon Group, Richmond, Virginia
Marjorie Stern Jacobs, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, Pennsylvania
Scott J. Johnson, Holland & Knight LLP, Orlando, Florida
Gideon Kanner, , Burbank, California
Ms. Susan Macpherson, National Jury Project/Midwest, Minneapolis, Minnesota
Richard Marchitelli, MAI, Cushman & Wakefield, Inc., New York, New York
James D. Masterman, Masterman, Culbert & Tully LLP, Boston, Massachusetts
Edward D. McKirdy, McKirdy and Riskin, P.A., Morristown, New Jersey
John Clark Murphy, Luce Forward Hamilton & Scripps, LLP, Irvine, California
Michael Rikon, Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York, New York
Mr. Phillip E. Russell, P.E., Texas Department of Transportation, Austin, Texas
Mark D. Savin, Faegre & Benson LLP, Minneapolis, Minnesota
Frank Schnidman, Senior Fellow, International Programs, Florida Atlantic University, Fort Lauderdale, Florida
Paul R. Scott, Smith Phillips Mitchell Scott & Nowak, Hernando, Mississippi
Jay W. Small, Wilson, Barber & Small, P.A., Orlando, Florida
Jack R. Sperber, Faegre & Benson LLP, Denver, Colorado
Mr. John T. Spillman, Miami-Dade Transit, Miami, Florida
Mr. Denver Stutler, Stutler Strategies, Inc., Tampa, Florida
Elyse M. Tish, Walgreen Company Law Dept., Deerfield, Illinois
Rebecca L. Urquhart, Urquhart Legal Group, Estes Park, Colorado
Program Schedule
Thursday, January 8, 2009
8:00 a.m. Registration and Continental Breakfast
Webcast Segment A: Overview, Updates, and Trends
9:00 a.m. Conference Overview - Ms. Fields and Mr.Waldo
9:15 a.m. National Law Update: The State of Takings Law and Valuation Issues around the Nation - Mr. Kanner
10:00 a.m. Networking Break
10:15 a.m. How Public Use Affects the Right-to-Take Litigation across the States - Ms. Boulris
11:00 a.m. Recent Trends in Exercising Eminent Domain Powers in a Post-Kelo World - Moderator: Ms. Fields, moderator; Ms. Berliner and Messrs. Toby Brigham, McKirdy, Scott, and Waldo
12:00 noon Lunch Break
Webcast Segment B: Organizing Your Case, Claims to Proceeds, Mediation, and Severance Damages
AFTERNOON CONCURRENT SESSIONS
(Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| 1:30 p.m. |
Planning to Win Your Condemnation Trial: Themes, Focus Groups, Exhibits, Jury Prep, Notebooks, and Factual and Legal Land Mines - Mr. Denlow |
Condemning for Corridors - Legal Issues Involved in Pipelines, Transmission Lines, and Other Utility Acquisitions - Mr. Ale |
| 2:15 p.m. | Dealing with Opposing Claims to the Condemnation Proceeds among Lessors, Lessees, and Lenders - Mr. Savin and Ms. Tish | Receiving Full Compensation for Real Effect of a Project When Faced with Restrictive Rules on Damage Recovery - Ms. Fields |
| 3:00 p.m. | Networking Break | |
| 3:15 p.m. | Mediation of Eminent Domain Cases: How To Make It Work for You - Judge Harris and Mr. Johnson | Square Pegs, Round Holes, and Easy Targets: Valuation of Churches, Schools, Charitable Establishments, and Other Non-Profits in Condemnation - Mr. Murphy |
| 4:00 p.m. | Property Owner Strategies for Addressing Anticipated Severance Damages Due to Highway Improvements: Case Studies in Proactive Negotiations with the Condemnor - Ms. Jacobs and Mr. Masterman | The Citrus Canker Eradication Program: a Case Study on Litigating a Takings Claim as a Class Action - Mr. Gilbert |
5:00 p.m. Adjournment for the Day; Meet and Greet Reception** Meet your colleagues from around the nation
6:00 p.m. Hospitality Events and Networking**; join your colleagues, faculty, and the Hospitality Committee (Donna Elliott, Brenda Couzart, and Patricia Cohen) for dinner (optional; dinner not included in tuition)
Friday, January 9, 2009
7:30 a.m. Continental Breakfast
Webcast Segment C: Ethical Issues, Jury Assessment, Complaints against Appraisers, Alternative Approach to Redevelopment; Public Private Partnerships
8:00 a.m. Recognizing and Handling Quotidian Ethical Issues** - Ms. Fields, moderator; Mss. Brody and Urquhart
9:00 a.m. Viewing Your Eminent Domain Case through the Eyes of a Jury - Mr. Waldo, moderator; Mss. Fields and Macpherson
10:00 a.m. Dealing with Retaliatory Complaints and Grievances against Appraisers - Mr. Waldo, moderator; Messrs. Marchitelli and Small
10:45 a.m. Networking Break
11:00 a.m. An Alternative Approach to Redevelopment Projects: Assemble Owners rather than Lands - Mr. Schnidman
11:45 a.m. Public Private Partnerships (PPPs) as An Alternative to Condemnation: Is This the Wave of the Future? - Mr. Toby Brigham
12:30 noon Lunch Break
Webcast Segment D: PPP Fundamentals, Government and Private Perspectives on PPP's, Financing PPP's, and PPP Case Studies
AFTERNOON CONCURRENT SESSIONS
(Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| 1:45 p.m. | PPP Fundamentals -Mr. Clary | Regulatory Takings 101 - Messrs. Berger and Burling |
| 2:30 p.m. | PPPs from the Government and Private Sector Perspectives -Ms. Brown and Messrs. Beatty and Stutler | Compensation Law for the Taking of Trade Fixtures - Mr. Rikon |
| 3:15 p.m. |
Networking Break |
|
| 3:30 p.m. | Financing PPPs - Mr. Bradshaw | Does the Undivided Basis Rule in Valuing Property Promote or Undermine the Payment of Just Compensation? - Ms. Brody and Mr. Kanner |
| 4:15 p.m. | Two PPP Case Studies Worth Examining: The Miami Metrorail Extension and the Texas CDA Program - Messrs. Toby Brigham, Brown, Russell, and Spillman | How To Try Your Case So if You Lose, You Win: It's the Record, Stupid - Mr. Emmert |
5:15 p.m. Adjournment for the Day; Hospitality Events and Networking**; join your colleagues, faculty, and the Hospitality Committee (Donna Elliott, Brenda Couzart, and Patricia Cohen) for dinner (optional; dinner not included in tuition)
Saturday, January 10, 2009
8:30 a.m. Continental Breakfast
Webcast Segment E: Regulatory Takings Update, PPP's as the New Serfdom, and National Forum
9:00 a.m. Regulatory Takings Update** - Mr. Berger
9:45 a.m. Are Public Private Partnerships the New Serfdom?** - Mr. Burling
10:45 a.m. Networking Break
11:00 a.m. National Forum** - Ms. Fields and Messrs. Andrew Brigham, Sperber, and Waldo
12:00 Noon Adjournment
*Session not recorded or webcast
**Joint Session for registrants of both Eminent Domain and Condemnation 101
Total 60-minute hours of instruction: 60-minute hours of instruction, 16.25, including one hour of ethics
Suggested Prerequisite: Limited experience in practice in subject matter or completion of Basic CLE/CPE Course in subject matter
Educational Objective: Development of initial level of competency as a practitioner; acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent developments
Level of Instruction: Advanced
