Condemnation 101: How To Prepare and Present an Eminent Domain Case
Why Attend?
Condemnation 101 provides an excellent introduction (or refresher) to basic concepts and techniques of preparing and presenting an eminent domain case. Offered in conjunction with ALI-ABA’s long-running advanced Course of Study, Eminent Domain and Land Valuation Litigation, the seminar is designed to provide the practitioner who is relatively new to this area of law both a practical understanding of foundational principles in eminent domain and also helpful insights on property valuation when preparing for mediation or trial. The course is taught by some of the most experienced eminent domain lawyers across the country.
What You Will Learn
For the practitioner new to the field, this course provides:
Practical understanding of foundational principles in eminent domain
Insights on property valuation
Opportunities to network with the faculty for both this course and its advanced-level companion course, Eminent Domain and Land Valuation Litigation
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 Eminent Domain and Land Valuation Litigation course of study. 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.
Who Should Attend
This tutorial course is a must for lawyers facing their first condemnation proceedings and for other professionals or property owner representatives who must work within the condemnation process. Examples of actual cases are used to help demonstrate not only the topics presented, but to drive home their application. This introductory course now has a three-year history of success to its credit, including many who return to further sharpen their practice skills.
Planning Chairs
Andrew Prince Brigham, Brigham Moore, LLP, Jacksonville, Florida
Jack R. Sperber, Faegre & Benson LLP, Denver
Faculty
Alan T. Ackerman, Ackerman, Ackerman & Dynkowski P.C., Bloomfield Hills, Michigan
Keith M. Babcock, Lewis & Babcock, LLP, Columbia, South Carolina
Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles
Jackson H. Bowman, IV, Brigham Moore, LLP, St. Petersburg, Florida
Karen L. Brody, Lowe, Fell & Skogg, Denver
Edward G. Burg, Manatt, Phelps & Phillips, LLP, Los Angeles
James S. Burling, Director of Litigation, Pacific Legal Foundation, Sacramento, California
Robert Denlow, Denlow & Henry, St. Louis
Dennis J. Dunphy, Schwabe, Williamson & Wyatt, Seattle
Darius W. Dynkowski, Ackerman, Ackerman & Dynkowski P.C., Bloomfield Hills, Michigan
Leslie A. Fields, Faegre & Benson LLP, Denver
Jill S. Gelineau, Schwabe, Williamson & Wyatt, Portland
John W. Little, III, Brigham Moore, LLP, West Palm Beach, Florida
D. Mark Natirboff, Brigham Moore, LLP, Jacksonville, Florida
Linda Ferroli Nelson, Florida Department of Transportation, Ft. Lauderdale
J. Casey Pipes, Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile, Alabama
Richard F. Rodriguez, Duncan, Ostrander & Dingess, P.C., Denver
Paul R. Scott, Smith Phillips Mitchell Scott & Nowak, LLP, Hernando, Mississippi
Joseph P. Suntum, Miller, Miller & Canby, Chartered, Rockville, Maryland
Rebecca L. Urquhart, Special Counsel to Exxon Mobil Corp., Estes Park, Colorado
Joseph T. Waldo, Waldo & Lyle P.C., Norfolk, Virginia
Program Schedule
Thursday, January 8, 2009
8:00 a.m. Registration and Continental Breakfast
Webcast Segment A: Core Principles; The Eminent Domain Proceeding; Initial Steps in Representation
9:00 a.m. Introduction and Course Overview — Messrs. Brigham and Sperber
9:15 a.m. Core Principles: Just Compensation and the Valuation Concepts You Need to Know to Measure It — Mr. Sperber
10:00 a.m. Networking Break
10:15 a.m. The Road to Valuation: A Streamlined Description of an Eminent Domain Proceeding, Including Typical Legal Challenges and Practice Tips — Mr. Babcock
11:00 a.m. Setting the Tone: Initial Steps for Condemnor and Condemnee in Eminent Domain Representation — Messrs. Little and Rodriguez
12:00 noon Lunch Break
Webcast Segment B: Approaches to Value; Case Studies on Value; Working with Valuation Experts; Exploring Settlement Opportunities
1:30 p.m. Market, Income, and Cost Approaches to Value: What Lawyers Need to Know About Appraisal Theory and Trial Presentation — Mr. Brigham
2:15 p.m. Case Study on the Application of the Three Approaches to Value in Jacksonville Port Authority v. Keystone Coal Company: What Does Jed Clampett Know about Picasso Anyway? — Messrs. Brigham, Bowman, and Natirboff
3:00 p.m. Networking Break
3:15 p.m. Panel Discussion: Practical Advice on Working with Valuation Experts (Appraisers and other Predicate Witnesses to Value) — Mr. Brigham, moderator; Ms. Fields and Messrs. Ackerman, Denlow, and Sperber
4:00 p.m. Bridging Gaps in Valuation: Exploring Reasonable Settlement Opportunities in Eminent Domain Cases — Mr. Burg
4:45 p.m. Q&A Session: Ask a Question, Get an Answer — Mr. Brigham, moderator; Faculty Panel
5:00 p.m. Adjournment for the Day; Meet and Greet Reception**
6:00 p.m. Hospitality Events and Networking**; join your colleagues, faculty, and the Hospitality Committee for dinner (optional; dinner not included in tuition)
Friday, January 9, 2009
7:30 a.m. Continental Breakfast
Webcast Segment C: Ethical Issues; A Forensic Approach to Damages; Business Damages; Discovery Issues
8:00 a.m. Recognizing and Handling Quotidian Ethical Issues** — Ms. Fields, moderator; Mss. Brody and Urquhart
9:00 a.m. Before and After: A Forensic Approach to Damages in Eminent Domain — Ms. Brody and Mr. Dunphy
9:45 a.m. How to Present a Claim for Business Damages — Mr. Dynkowski
10:30 a.m. Networking Break
10:45 a.m. Case Planning and Discovery Issues from the Government and Landowner’s Perspectives: What to Do and When to Do It — Ms. Nelson and Mr. Scott
12:00 noon Lunch Break
Webcast Segment D: Basic Exhibits; Examination of a Valuation Witness; Keys to Winning
1:30 p.m. Basic Exhibits That Help Win Condemnation Cases — Ms. Gelineau and Mr. Pipes
2:15 p.m. Direct Examination of a Valuation Witness — Mr. Suntum
3:00 p.m. Networking Break
3:15 p.m. Cross-Examination of a Valuation Witness — Mr. Waldo
4:00 p.m. Panel Discussion: What Wins or Loses a Condemnation Case? — Mr. Sperber, moderator; Ms. Nelson and Messrs. Brigham, Burg, and Scott
4:45 p.m. Q & A Session: Ask a Question, Get an Answer — Moderator: Mr. Sperber, moderator; Faculty Panel
5:15 p.m. Adjournment for the Day; Hospitality Events and Networking**; join your colleagues, faculty, and the Hospitality Committee for dinner (optional; dinner not included in tuition)
Saturday, January 10, 2009 (Combined Session with Eminent Domain course)
8:30 a.m. Continental Breakfast
Webcast Segment E: Regulatory Takings Update: PPP’s as the New Serfdom; 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. Brigham, Sperber, and Waldo
12:00 Noon Adjournment
**Joint Session for registrants of both Eminent Domain and Condemnation 101
Total 60-minute hours of instruction: 16, including one hour of ethics
Suggested Prerequisite: Limited experience in practice 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: Basic
Here's what registrants have said about this course:
“Condemnation 101 was a great overview of substantive and practical information for someone less than a year into practice in this area.” — registrant at last year’s presentation of this course
