Eminent Domain and Land Valuation Litigation
Why Attend?
The power of eminent domain is being reshaped across the nation by court rulings and legislation. Much of the recent court activity and legislation has involved the controversial use, or attempted use, of eminent domain power to take private property for economic development by private parties. Redevelopment, however, is not the only fluid area in takings law. This national course of study addresses those areas where new developments in the law and procedure have and will reshape the practice. Learn what’s new in the cutting-edge areas of eminent domain law and how the practice in this field continues to evolve.
This popular and long running advanced course of study kicks off with a comprehensive update on eminent domain case law and legislation by a preeminent practitioner.
Each morning, the course focuses on hot issues and topics that affect practitioners today.
On Thursday and Friday afternoon, a dual track system addresses important substantive and practice topics in a series of breakout sessions. Registrants can learn about the key issues in substantive takings law from nationally recognized and experienced professionals. On the practice side, registrants can choose from another array of sessions chock full of practice pointers.
The course brings all the right participants together — lawyers, appraisers, condemning agencies, right-of-way professionals, and many others — to share valuable experiences and engage in healthy debate on these cutting-edge issues.
Networking opportunities are scheduled throughout the program, with breakfasts, networking breaks, a reception on Thursday afternoon, and social activities in the evenings arranged by a special Hospitality Committee. Come and meet with colleagues from around the nation, exchange ideas, enjoy the fellowship, and collect more than 16 hours of CLE credits.
This course runs concurrently with ALI-ABA's annual Course of Study, Condemnation 101: Making the Complex Simple in Eminent Domain. 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: Attend Eminent Domain and Land Valuation Litigation and bring an associate to Condemnation 101 for 50% off. ADD TO CART
Social Networking:
Visit the event page on Facebook at https://www.facebook.com/event.php?eid=259860154041452 to post topics you would like to see covered during the courses and for networking with faculty and other registrants.
Tweet about the course using #CED12.
What You Will Learn
New developments in the law and procedure are constantly reshaping the practice of eminent domain and land valuation. The best eminent domain and land use practitioners refresh their expertise at this annual event that features:
• More than 20 sessions on key issues, including a National Law Update and a Regulatory Taking Update, Property Rights in Emerging Economies, Use of Behavioral Science To Quantify Just Compensation, and Residual Damages
• Concurrent afternoon sessions on important substantive law topics and practice issues
• A national faculty of experts that includes lawyers, appraisers, condemning agencies, right-of-way professionals, and many others
• Networking opportunities galore, including dinners arranged by our Hospitality Committee
Planning Chairs
(also on faculty)
Leslie A. Fields, Faegre Baker Daniels LLP, Denver
Joseph T. Waldo, Waldo & Lyle, P.C. Norfolk, Virginia
Faculty
Harlan Abrahams, Denver
Robert C. Bellemare, Chief Operating Officer and Managing Director, UtiliPoint International, Inc., Albuquerque, New Mexico
Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles
Peter D. Bowes, Bowes & Company, Denver
Andrew Prince Brigham, Brigham Moore LLP, Jacksonville, Florida
Karen L. Brody, Lowe, Fell & Skogg, Denver
James S. Burling, Director of Litigation, Pacific Legal Foundation, Sacramento, California
David L. Callies, Benjamin A. Kudo Professor of Law, William S. Richardson School of Law, University of Hawaii-Manoa, Honolulu
Brandee L. Caswell, Faegre Baker Daniels LLP, Denver
Thomas P. Clark, Stradling Yocca Carlson & Rauth, P.C., Newport Beach, California
Larry J. Cohen, The Cohen Law Firm, Phoenix
Donna Desmond, President, Donna Desmond Associates, Los Angeles
Darius W. Dynkowski, Ackerman, Ackerman & Dynkowski P.C., Bloomfield Hills, Michigan
David A. Given, Faegre Baker Daniels LLP, Indianapolis
Deborah B. Haskell, Cushman & Wakefield of North Carolina, Inc., Charlotte, North Carolina
Mark F. Hearne, II, Arent Fox PLLC, Washington, D.C.
Gideon Kanner, Professor of Law Emeritus, Loyola Law School, Los Angeles
Brian P. Liston, Liston & Tsantilis, P.C., Chicago
James D. Masterman, Greenberg Traurig, LLP, Boston
John C. Murphy, Murphy & Evertz, Costa Mesa, California
Thomas H. Peebles, IV, Waller Lansden Dortch & Davis, Nashville
Michael Rikon, Goldstein, Rikon & Rikon, P.C., New York
Harry J. Riskin, McKirdy & Riskin, P.A., Morristown, New Jersey
Michael J. Seiler, Professor of Finance and Robert M. Stanton Endowed Chair of Real Estate, Department of Finance, College of Business, Old Dominion University, Norfolk, Virginia
Jack R. Sperber, Faegre Baker Daniels LLP, Denver
Thomas L. Stokes, Jr., President and Environmental Specialist, Stokes Environmental Associates, Ltd., Norfolk, Virginia
Robert H. Thomas, Damon Key Leong Kupchak Hastert, Honolulu
Kermitt L. Waters, Law Offices of Kermitt L. Waters, Las Vegas
Randy A. Williams, Managing Director, Integra Realty Resources, Austin; President, International Right of Way Association (IRWA)
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Special Discount Offers:
Attend Eminent Domain and an associate can attend Condemnation 101 for 50%
off!
ADD TO CART
Group Offer: Register for Eminent Domain and all additional
registrants from your firm may attend for 50% off.
GO TO GROUP RATES
Program Schedule
THURSDAY, JANUARY 26, 2012
8:00 a.m. Registration and Continental Breakfast
VIDEO WEBCAST SEGMENT A
9:00 a.m. Conference Overview - Ms. Fields and Mr. Waldo
9:15 a.m. National Law Update - Mr. Kanner
10:00 a.m. Networking and Refreshment Break
10:15 a.m. The Rule of Law and Property Rights in Emerging Economies: Challenges and Opportunities for Lawyers in the West - Mr. Abrahams
11:00 a.m. Eminent Domain for Economic Development: Is It Dead in California? If So, What Killed It? - Mr. Murphy
12:00 noon Lunch Break
VIDEO WEBCAST SEGMENT B
12:30 p.m. My Cousin Vinny Meets The Verdict: What You Can Learn about Legal Ethics from Your Favorite Lawyer Movies - Mr. Cohen
AFTERNOON CONCURRENT SESSIONS(Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| Challenging the Right To Take and Building a Winning Foundation – Mr. Peebles | The Rezoning Standard and Highest Best Use Analysis: A National Change - Mr. Dynkowski | |
| Motions in Limine and Other Evidentiary Game Changers that Can Kill Your Valuation Case – Ms. Fields | Residual Damages: How To Frame a Solid Legal Foundation – Mr. Liston |
3:15 p.m. Networking and Refreshment Break
AFTERNOON CONCURRENT SESSIONS(Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| Things Condemnors Can Do To Save Time and Money – Mr. Rikon | What’s So Good about Business Goodwill – Ms. Desmond and Mr. Murphy | |
| How To Win the Unpopular Case – Mr. Waters | Landlord and Tenant Issues in Eminent Domain: Valuation of the Leased Fee and Leasehold Estates – Mr. Masterman |
5:15 p.m. Adjournment for the Day; Meet-and-Greet Reception for Registrants and Faculty. Meet your colleagues from around the nation.
6:15 p.m. Hospitality Events and Networking; join your colleagues, faculty, and the Hospitality Committee for dinner (optional; dinner not included in tuition)
FRIDAY, JANUARY 27, 2012
7:30 a.m. Continental Breakfast and Networking Session
VIDEO WEBCAST SEGMENT C
8:00 a.m. Replay of January 26 presentation: My Cousin Vinny Meets The Verdict: What You Can Learn about Legal Ethics from Your Favorite Lawyer Movies - Mr. Cohen
9:00 a.m. Using Behavioral Science To Quantify Just Compensation Issues for the Courtroom - Professor Seiler
10:00 a.m. The Project Influence Rule: The Legal Practice and the Valuation Methodology – Messrs. Bowes and Waldo
10:45 a.m. Networking and Refreshment Break
11:00 a.m. The Role of Hawaii's Unique Property Law in the U.S. Supreme Court's Takings Cases - Professor Callies and Mr. Thomas
11:45 a.m. Update from the President of the International Right of Way Association Regarding Prominent Issues Facing the IRWA - Mr. Williams
12:30 p.m. Lunch Break
VIDEO WEBCAST SEGMENT D
AFTERNOON CONCURRENT SESSIONS(Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| Municipalization of Public Utilities: General Valuation and Appraisal Principles – Mr. Bellemare | What Amount of Interest Must Be Included To Satisfy the Constitutional Standard of Providing Just Compensation? – Mr. Hearne | |
| What Do You Mean I Can’t Say What My Own Property Is Worth? Limitations on an Owner’s Right To Testify – Ms. Brody | Fear and Loathing from San Bruno: A Primer and Update on Damage Claims Based on Fear and Stigma –Ms. Caswell |
3:15 p.m. Networking and Refreshment Break
AFTERNOON CONCURRENT SESSIONS(Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| Environmental Issues and Their Impact on Value – Mr. Stokes | Not Now, But Soon: Making a Reasonable Probability Case for Rezoning, Assemblage, Lease Renewals, and Other Value Enhancements – Mr. Riskin | |
| Tips for Preparing an Effective Rebuttal Report and Rebutting the Rebuttal Report – Ms. Haskell | The Prior Public Use Doctrine Revisited – Mr. Given |
5:15 p.m. Adjournment for the Day; Hospitality Events and Networking
SATURDAY, JANUARY 28, 2012
8:30 a.m. (Combined Session with Condemnation 101)
Continental Breakfast and Networking Session
VIDEO WEBCAST SEGMENT E
9:00 a.m. Regulatory Law Update - Mr. Berger
9:45 a.m. The Use and Abuse of Property Rights in Preserving the Environment - Mr. Burling
10:45 a.m. Networking and Refreshment Break
11:00 a.m. National Forum - Ms. Fields and Messrs. Brigham, Sperber, and Waldo
12:00 noon Adjournment
* Segment not recorded or webcast.
Total 60-minute hours of instruction: 16.25 hours, including one hour of ethics
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE 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 legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
I think the program this year was especially good--practical and useful. All the speakers were excellent. The ethics speaker did a really good job. Course always provides great networking opportunities!
This has been the best CLE I have ever attended.
This was my first Eminent Domain CLE. It has become a large part of my practice and I was very impressed with the resumes of the speakers who have focused on their speaking topics and displayed a great depth of understanding of the topic. In addition, I was glad to meet attorneys on both sides of condemnation actions, as I myself have been on both sides.
Outstanding program. The best eminent domain program presented each year.
This was a very good program. The speakers were very good.
The program was, per usual, quite excellent.
Times
All times are Pacific Time
