134: Richard and Leah Rothstein on Just Action and Property Rights Advocacy
Come and Take It: The Eminent Domain Podcast
Release Date: 11/11/2024
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...
info_outline
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:
info_outline
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:
info_outline
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
info_outline
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: ...
info_outline
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):
info_outline
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_outline
139: Live from San Diego! ALI-CLE 2025 Conference Coverage
Come and Take It: The Eminent Domain Podcast
In 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: Guest Chris Clough: Guest Angela Misch: Guest Clint Schumacher: Guest Elizabeth Sockwell:
info_outline
138: David Dominy & Cameron Boone on Control of Access Issues in Appraisal
Come and Take It: The Eminent Domain Podcast
In this episode, David Dominy and Cameron Boone (two appraisers with JLL) discuss property access issues, and how changes in either the quality or quantity of access can impact valuation in eminent domain proceedings. Throughout, they distinguish control of access from circuity of travel issues, discuss a few of the key Texas legal principles and cases that define the scope of permitted access damages in condemnation cases, discuss the challenges of valuing a loss of access in the market, and provide examples from their experience. Links: David Dominy at JLL: Cameron Boone...
info_outline
137: Anthony DellaPelle on His Year as the Global Chair for The Counselors of Real Estate
Come and Take It: The Eminent Domain Podcast
Anthony DellaPelle returns to the show, this time to discuss his recent tenure as the global chair for the Counselors of Real Estate. Anthony explains what separates CRE from other real estate organizations, how he became involved, why he accepted the invitation to join its leadership, and the various activities in the organization that he has been involved with. At the end, he highlights CRE's "Top 10" issues publication for the year and how a better understanding of broader real estate issues inform his legal practice. Show Links: A. DellaPelle Law Firm Bio: ...
info_outlineRichard and Leah Rothstein join the podcast to discuss the history of government action that aided in the creation and enforcement of segregation in American Neighborhoods--and, importantly, what all citizens can do in their communities to undo those injustices.
Mr. Richard Rothstein is a Distinguished Fellow of the Economic Policy Institute and a Senior Fellow (emeritus) at the Thurgood Marshall Institute of the NAACP Legal Defense Fund. He is the author of The Color of Law: A Forgotten History of How Our Government Segregated America, which recovers a forgotten history of how federal, state, and local policy explicitly segregated metropolitan areas nationwide, creating racially homogenous neighborhoods in patterns that violate the Constitution and require remediation. The book has almost 18,000 reviews and a 4.8 rating on Amazon. He is a graduate of Harvard University and previously served as the former national education columnist for The New York Times.
Ms. Leah Rothstein also works on public policy and community change, from the grassroots to the halls of government. She led the Alameda County and San Francisco probation departments’ research on reforming community corrections policy and practice to be focused on rehabilitation, not punishment. She has been a consultant to nonprofit housing developers, cities and counties, redevelopment agencies, and private firms on community development and affordable housing issues. Her policy work is informed by her years as a community organizer with PUEBLO and Californians for Justice, and as a labor organizer with the Union of Needletrades, Industrial, and Textile Employees (UNITE).
Their new book, Just Action, discusses local and community initiatives that all citizens can take to begin remedying the wrongs of the past.
Other Links:
Just Action on Amazon: https://www.amazon.com/Just-Action-Challenge-Segregation-Enacted/dp/1324093242#customerReviews
Just Action Book page with links and resources: https://www.justactionbook.org/