140: Alan Lichtenstein on Helping Landowners with the Tax Impact of Eminent Domain
Come and Take It: The Eminent Domain Podcast
Release Date: 02/17/2025
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. ...
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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:
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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...
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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_outlineIn 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.
DISCLOSURE:
The information herein has been prepared for educational purposes only and does not constitute an offer to purchase or sell investments.
This material is not to be interpreted as tax or legal advice. Please speak with your own tax and legal advisors for advice/guidance regarding your particular situation. DST 1031 properties are only available to accredited investors (typically defined as having a $1 million net worth excluding primary residence or $200,000 income individually/$300,000 jointly of the last two years and reasonably expects the same for the current year) and accredited entities. There are material risks associated with investing in private placements, DST properties and real estate securities including illiquidity, general market conditions, interest rate risks, financing risks, potentially adverse tax consequences, general economic risks, development risks, and potential loss of the entire investment principal.
Links:
Alan Lichtenstein Profile: https://www.1031dst.com/alan-n-lichtenstein/
Alan Lichtenstein Email: [email protected]
LinkedIn: https://www.linkedin.com/in/alan-n-lichtenstein-a77b926/
General Website: www.1031dst.com