127. Robert Thomas on Eminent Domain Cases to Watch and the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference
Come and Take It: The Eminent Domain Podcast
Release Date: 12/01/2023
149: Jennifer Polovetsky on the Special Benefits Rule and Trade Fixtures
Come and Take It: The Eminent Domain Podcast
Jennifer Polovetsky of Duane Morris LLP’s New York office joins the show to discuss a grab bag of eminent domain issues. The first segment focuses on the special benefits rule (and how it is distinct from the Miller, or Project Influence, Rule). Following that, Jennifer discusses trade fixture issues under New York law, and the differences between that and New Jersey (and Texas) rules. Links: J. Polovetsky Biography Article on Special Benefits: Article on Trade Fixtures:
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148: Jeff Meader of Eminent Domaine Wine
Come and Take It: The Eminent Domain Podcast
Jeff Meader of Eminent Domaine wine joins the podcast to give a landowner's perspective on experiencing eminent domain. Jeff formerly owned a commercial building in Portland that was taken by a local metro transit authority to install a light rail line. After that experience, Jeff took the proceeds and started a winery. In the episode, Jeff talks about the aspects of the ED process he takes issue with, the stresses of living through the process and coordinating with his tenants, and the importance of having counsel. At the end, Jeff talks about the winery, his style of winemaking,...
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147: Kristen Renfro on the Intersection of Physical Takings and Tort Law
Come and Take It: The Eminent Domain Podcast
In this episode, Kristin Renfro, a California condemnation attorney, joins the show to discuss inverse condemnation and its intersection with tort law. Kristen describes her experience litigating a case involving a catastrophic landslide. She details how inverse condemnation differs from tort law in that it requires no fault—only that a public project caused damage. Kristen explains the legal and scientific challenges of proving causation, including the need for expert geological and geotechnical testimony, and outlines the strategic decisions made during the trial. The conversation also...
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146: Tom Malapit & Eric Rochford on the Largest ED Jury Award in Indiana
Come and Take It: The Eminent Domain Podcast
In this episode, Tom Malapit and Eric Rochford--two Indiana condemnation lawyers--join Bobby to discuss a significant eminent domain case they tried last year in Indiana, which they believe is the largest jury verdict in an Indiana condemnation proceeding. They detail the challenges of the case, including the initial offer from the school corporation, taking over the case from another firm after a failed mediation, and a critical ruling on the admissibility of a prior family transaction involving the property. They also describe how they used the condemning authority's own witnesses...
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145: Adequate vs. Just Compensation: A Distinction Without a Difference?
Come and Take It: The Eminent Domain Podcast
A few weeks ago, Bobby was invited to give a presentation to IRWA Chapter 36’s Spring Seminar on the history of Texas’s takings provision—specifically, the evolution of the term “adequate compensation” and what difference there is, if any, between that term and the U.S. Constitution’s use of “just compensation.” This episode is a live recording of that presentation. Links: 2025 Spring Seminar:
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144: Christina Martin on Hennepin County & Everything After
Come and Take It: The Eminent Domain Podcast
Christina Martin of the Pacific Legal Foundation joins to discuss litigating Hennepin County to the Supreme Court. Christina shares some stories about moot arguments ahead of oral arguments with Paul Clement, and compares the tax foreclosure sale in Hennepin to traditional bank foreclosures. After discussing the case, Christina talks about her current work in follow up, including other property taxation issues and blight designations. Links: Tyler v. Hennepin Co. Decision: Christina Martin at Pacific Legal:
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143: Joe Wilkinson on Technology and Marketing in ED Cases
Come and Take It: The Eminent Domain Podcast
Joe Wilkinson of The Avenue Research Group joins the podcast to talk about technology in marketing for eminent domain cases. In addition to traditional mail marketing, Bobby and Joe talk about broader marketing strategy campaigns, geofencing, AI, and why marketing research should both reach clients and also inform lawyers about projects. At the end of the episode, Joe's interest in archeology becomes the basis for the cross examination. Links: Joe Wilkinson LinkedIn: https://www.linkedin.com/in/joseph-wilkinson-829406248/ Contact: P: (803) 509-5078
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142: The Great Attorneys' Fees Debate with Emilio Longoria
Come and Take It: The Eminent Domain Podcast
Emilio 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: ...
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141: Robert McNamara on Arguing Devillier to the Supreme Court & the Self Executing Just Compensation Clause
Come and Take It: The Eminent Domain Podcast
Robert McNamara of the Institute for Justice joins to talk about his oral argument to the Supreme Court of the United States in Devillier v. Texas. Robert discusses how he prepared for argument, what was at stake for his client, and what it means for eminent domain practitioners more generally. In the cross exam, Robert shares how much coffee he drinks, and what minor superpower he'd like to have. Links: Devillier Opinion: The Institute for Justice: Robert McNamara Profile: Devillier Oral Argument (with transcript and speaker highlights):
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140: Alan Lichtenstein on Helping Landowners with the Tax Impact of Eminent Domain
Come and Take It: The Eminent Domain Podcast
In this episode, Alan Lichtenstein joins to discuss one avenue for landowners facing eminent domain to potentially minimize the tax impact of takings: 1033 Exchanges. The episode begins with a general discussion of the requirements of 1031 (or, voluntary) exchanges, which listeners may be more familiar with. Alan then explains some of the additional flexibility and options that 1033 exchanges offer for involuntary sales of property, like eminent domain. At the end, Alan shares his thoughts on what a great Super Band would look like of his favorite musicians. ...
info_outlineRobert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February.
Click here for information and registration for the ALI-CLE conference.
Please share your thoughts on the show or this episode with me. I’m on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.