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 conference 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 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. Those issues include the Use of Media in Condemnation Cases, Arguing Fairness in Market Value Determinations, How To Succeed in Inverse Condemnations, Trends in Juror Makeup and Selection, and the Use of Eminent Domain for Green Energy Projects.
A dual track system on Thursday and Friday afternoons addresses important substantive and practice topics in a series of breakout sessions. Registrants learn about critical issues in substantive takings law from nationally recognized and experienced professionals. This year, topics include Obtaining Just Compensation for Stalled Developments, Condemnation of Ongoing Businesses, The Constitutionality of Exactions, Federal Pipeline Projects and FERC Procedures, Compensation for Convenience Outlets that Suffer Access Impairment, and Issues involved In Mass Transit Projects.
On the practice side, registrants choose from another array of sessions chock full of practice pointers, including sessions on How To Avoid Condemnation in Major Multi-Parcel Projects, What To Look for in a Public-Private Partnership, How Jurors Perceive Experts, and Direct and Cross Examination of Appraisers in a Mock Trial.
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. So come and meet with colleagues from around the nation, exchange ideas, enjoy the fellowship, and collect 16 hours of MCLE credits! Full-time government employees and lawyers who are licensed for less than 5 years are eligible to attend at a special reduced tuition.
What You Will Learn
Featuring 26 sessions on today's key issues, including:
Direct and Cross Examination of Appraisers in a Mock Trial
Obtaining Just Compensation for Developments and Projects Stalled by a Down Economy
Effective Use of the Media in Your Condemnation Case
Arguing Fairness and Justice in Determining Market Value
How To Avoid Condemnation in Major Multi-Parcel Projects
Condemnation of Ongoing Businesses: Protecting the Owner and Overcoming Valuation Problems
Update on Constitutionality of Exactions as Conditions of Development Approvals
Winning Arguments in Challenging the Right To Take and Public Use
Inverse Condemnations by Air, Sea, and Land
Using Internet Tools To Market Your Eminent Domain Practice
Federal Pipeline Projects and FERC Procedures
Condemnation for Mass Transit
Regulatory Takings Update
What To Look for in a Public-Private Partnership
And much more!
Who Should Attend
All lawyers who deal with eminent domain proceedings and who want to be on the cutting-edge of recent developments should attend this unique national program. Special offer: full-time employees of federal, state, and local governments and government agencies and those licensed to practice law for less than 5 years are eligible to attend at 50% off the regular tuition. Click here for details.
Planning Chairs
Leslie A. Fields, Faegre & Benson LLP, Denver
Joseph T. Waldo, Waldo & Lyle, P.C., Norfolk, Virginia
Faculty
Robert E. Bainbridge, C-Store Valuations, Ontario, Oregon
Jeffrey R. Benowitz, Deputy Chief Counsel, Department of Transportation State of California, San Diego
Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles
Dana Berliner, Institute for Justice, Arlington, Virginia
Amy Brigham Boulris, Brigham Moore LLP, Miami
Andrew P. Brigham, Brigham Moore LLP, Jacksonville, Florida
Edward G. Burg, Manatt, Phelps & Phillips, LLP, Los Angeles
James S. Burling, Principal Attorney, Property Rights Practice Group, Pacific Legal Foundation, Sacramento, California
Francis A. Cherry, Jr., Randolph, Boyd, Cherry and Vaughan, Richmond, Virginia
Mr. Lowell Clary, Clary Consultants, LLC, Tallahassee, Florida
Mr. John J. Coates, Jr., Coates Field Service, Inc., Oklahoma City
Anthony F. Della Pelle, McKirdy and Riskin, PA, Morristown, New Jersey
Robert Denlow, Denlow & Henry, St. Louis
Jay S. Dushoff, Gallagher & Kennedy, PA, Phoenix
Matthew Fellerhoff, Manley Burke, Cincinnati
Steven A. Hirsch, Bryan Cave LLP, Phoenix
Gideon Kanner, Burbank, California
Ms. Susan Macpherson, National Jury Project/Midwest, Minneapolis
Richard Marchitelli, MAI, Cushman & Wakefield, Inc., New York
Edward D. McKirdy, McKirdy and Riskin, P.A., Morristown, New Jersey
H. Dixon Montague, Vinson & Elkins LLP, Houston
Stanley William Moore, Brigham Moore LLP, Sarasota, Florida
Juan M. Muniz, Brigham Moore LLP, Coral Gables, Florida
Jayne Navarre, President, LawGravity LLC, Miami
Alan R. Schwartz, Metropolitan Transportation Authority, New York
Jack R. Sperber, Faegre & Benson LLP, Denver
Robert J. Strachota, MAI,CRE, MCBA, FIBA, President, Shenehon Company, Minneapolis
Le Templar, Opinion Page Editor, Tribune Newspapers, Mesa, Arizona
Robert H. Thomas, Damon Key Leong Kupchak Hastert, Honolulu
Marilyn Utter, Citiventure Associates LLC, Denver
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Program Schedule
Thursday, February 4, 2010
8:00 a.m. Registration and Continental Breakfast
8:55 a.m. Welcome and Administrative Remarks - ALI-ABA Staff
Webcast Segment A: Conference Overview; National Law Update; Effective Utilization of the Media; Arguing Fairness and Justice in Determining Market Value
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 Break
10:15 a.m. Effective Use of the Media in Your Condemnation Case - Mr. Della Pelle, Moderator; Ms. Berliner and Messrs. Burling, Dushoff, and Templar
11:00 a.m. Arguing Fairness and Justice in Determining Market Value - Mr. Brigham
12:00 noon Lunch Break
Webcast Segment B: Obtaining Just Compensation for Developments and Projects Stalled by a Down Economy; Condemnation of Ongoing Businesses; Update on Constitutionality of Exactions; Winning Arguments in Challenging the Right To Take
AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| How To Avoid Condemnation In Major Multi-Parcel Projects: Lessons from a Lawyer and a Right of Way Consultant - Mr. Coates and Ms. Fields | Project Blight - Mr. Moore | |
| Eminent Domain Wish List for Landowner and Government Lawyers - Messrs. Benowitz and Burg | Condemnation of Ongoing Businesses: Protecting the Owner and Overcoming Valuation Problems - Mr. Denlow |
3:00 p.m. Networking Break
| Practice Issues* | Substantive Issues | |
| Mock Trial, Direct and Cross Examination of Appraisers in a Condemnation Action - Messrs. Dushoff, Marchitelli, Montague, and Strachota | Update on Constitutionality of Exactions as Conditions of Development Approvals - Ms. Boulris | |
| Mock Trial (continued) | Winning Arguments in Challenging the Right To Take and Public Use - Ms. Berliner and Messrs. Fellerhoff and Thomas |
5:00 p.m. Adjournment for the Day; Meet and Greet Reception**. Meet your colleagues from around the nation!
6:00 p.m. Hospitality Events and Networking**; join your colleagues, faculty, and the Hospitality Committee (Donna Elliott, Brenda Couzart, and Patricia Cohen) for dinner (optional; dinner not included in tuition)
Friday, February 5, 2010
7:30 a.m. Continental Breakfast
Webcast Segment C: Ethical Issues; Inverse Condemnations; Using Internet Tools To Market Your Practice; Trends in Juror Makeup, Selection, and Processes; the Greening of Eminent Domain
8:00 a.m. Ethical Issues that Impact Your Daily Practice: Why Doing What's Right Protects Your Practice** - Messrs. Cherry, McKirdy, and Waldo
9:00 a.m. Inverse Condemnations: How To Succeed Whether by Air, Sea, or Land - Mr. Waldo
10:00 a.m. Going Beyond Your Website: Using an Array of Internet Tools To Market Your Eminent Domain Practice More Effectively - Ms. Navarre
10:45 a.m. Networking Break
11:00 a.m. Important Trends in Juror Makeup, Selection, and Processes - Ms. Macpherson
11:45 a.m. Federal Stimulus Programs: What Eminent Domain Lawyers Need To Know about How They May Affect Future Construction and Land Acquisition - Mr. Ritten
12:30 p.m. Lunch Break
Webcast Segment D: Federal Pipeline Projects and FERC Procedures; Compensation for Convenience Outlets; Condemnation for Mass Transit, Project Blight
AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms)
| Practice Issues* | Substantive Issues | |
| What To Look for in a Public-Private Partnership - Ms. Utter | Federal Pipeline Projects and FERC Procedures - Lessons Learned from the Transwestern Pipeline Cases - Mr. Hirsch | |
| Public-Private Partnership Case Studies - Mr. Clary | When Access and Use Are Inextricably Tied--The Case for Greater Compensation for Convenience Outlets That Suffer Access Impairment - Mr. Bainbridge |
3:15 p.m. Networking Break
| Practice Issues* | Substantive Issues | |
| What Goes on Behind Closed Doors: How Jurors Perceive Experts - Ms. Macpherson | Condemnation for Mass Transit, A Perspective from New York on Issues Arising from the Acquisition of Subway, Bus, and Commuter Rail Projects - Mr. Schwartz | |
| Obtaining Just Compensation for Developments and Projects Stalled by a Down Economy - Mr. Muniz | New Developments in Compensation for Business Loss and Goodwill: Some Exceptions to the Rule - Mr. McKirdy |
5:00 p.m. Adjournment for the Day; Hospitality Events and Networking**
Saturday, February 6, 2010 (Combined Session with Condemnation 101)
8:30 a.m. Continental Breakfast
Webcast Segment E: Regulatory Takings Update; the Doctrine of Judicial Takings; National Forum
9:00 a.m. Regulatory Takings Update** - Mr. Berger
9:45 a.m. Stop the Beach Renourishment vs. Florida Department of Environmental Protection: If the Doctrine of Judicial Takings Did Not Exist, Would We Have To Invent It? -** - 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
Total 60-minute hours of instruction: 16, including one hour of ethics
Suggested Prerequisite: Limited experience in practice in subject matter or completion of Basic CLE/CPE Course in subject matter
Educational Objective: Learning Objectives: 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: Advanced
Here's what registrants have said about this course:
“The quality of the presentations was excellent and many of the presenters were truly exceptional.”
“This was the strongest and most professional presentation program I have taken part in. Thanks again.”
“The course was very good overall. The two receptions after the days ended were a great way to meet other practitioners.”
“As usual, this is an excellent course. We gain new ideas and insights into the law and practice in eminent domain cases, also we get to meet and greet colleagues at breaks and social functions. Nice work.”
“Excellent program, great speakers, I would attend again.”
“Excellent course with top-notch faculty, did a very nice job of refreshing concepts and then expanding and updating.”
“After trying eminent domain cases for over 40 years I thought I knew it all. I was wrong. Last week’s seminar was fantastic. Thank you for giving your time so that others like me could benefit.”
Times
All times listed are in Mountain Standard Time (MST).
