Condemnation 101: How To Prepare and Present an Eminent Domain Case
Why Attend?
Condemnation 101 provides an excellent introduction (or refresher) to basic concepts and techniques of preparing and presenting an eminent domain case. This course of study equips registrants with a broad overview of eminent domain and provides essential practice tips from some of the most experienced eminent domain lawyers from across the country. This tutorial course is designed to accelerate the learning curve process and touch upon strategies and techniques that work best to win condemnation cases.
The course focuses on the “big picture” of how to prepare and present an eminent domain case. Examples of actual cases are used not only to help demonstrate the topics presented, but also to drive home their application.
This introductory course now has a four-year history of success to its credit, including many registrants who return to further sharpen their practice skills.
What You Will Learn
For practitioners who are either new to the field or desiring to get back to the basics, this course provides:
Practical understanding of eminent domain and property valuation
Insights on working with valuation experts and legal strategy
Opportunities to network with the faculty and registrants of both this course and its advanced-level companion course, Eminent Domain and Land Valuation Litigation
Who Should Attend
This tutorial course is a must for lawyers facing their first condemnation proceedings or for those practitioners who seek to return “back to the basics” in their own eminent domain practice. Additionally, this course has proven helpful for other professionals and property owner representatives who must work within the condemnation process.
The program runs concurrently with ALI-ABA's annual advanced course of study, Eminent Domain and Land Valuation Litigation.
This unique format allows practitioners who are new to 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.
Planning Chairs
Andrew Prince Brigham, Brigham Moore LLP, Jacksonville, Florida
Jack R. Sperber, Faegre & Benson LLP, Denver
Faculty
Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles
William G. Blake, Baylor, Evnen, Curtiss, Grimit & Witt, LLP, Lincoln, Nebraska
Jackson H. Bowman, IV, Brigham Moore LLP, St Petersburg, Florida
James S. Burling, Principal Attorney, Property Rights Practice Group, Pacific Legal Foundation, Sacramento, California
Brandee L. Caswell, Faegre & Benson LLP, Denver
Francis A. Cherry, Jr., Randolph, Boyd, Cherry and Vaughan, Richmond, Virginia
Anthony F. Della Pelle, McKirdy and Riskin, PA, Morristown, New Jersey
Robert Denlow, , Denlow & Henry, St. Louis
Michael F. Faherty, Lavery Faherty Young & Patterson, Harrisburg, Pennsylvania
Leslie A. Fields, Faegre & Benson LLP, Denver
Jill S. Gelineau, Schwabe, Williamson & Wyatt, P.C., Portland, Oregon
Warren C. Herlong, Jr., Helmsing, Leach, Herlong, Newman & Rouse, PC, Mobile, Alabama
John W. Little, III, Brigham Moore LLP, West Palm Beach, Florida
Charles M. Lollar, Waldo & Lyle, P.C., Norfolk, Virginia
Susan Macpherson, National Jury Project, Minneapolis
James D. Masterman, Masterman, Culbert & Tully LLP, Boston
Edward D. McKirdy, McKirdy and Riskin, P.A., Morristown, New Jersey
Stanley William Moore, Brigham Moore LLP, Sarasota, Florida
Michael Rikon, Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York
William E. Ryan, Ryan & Ryan, Chicago
Paul R. Scott, Smith Phillips Mitchell Scott & Nowak, Hernando, Mississippi
Joseph P. Suntum, Miller, Miller & Canby, Chartered, Rockville, Maryland
Robert H. Thomas, Damon Key Leong Kupchak Hastert, Honolulu
Joseph T. Waldo, Waldo & Lyle, P.C., Norfolk, Virginia
Kermitt L. Waters, Law Offices of Kermitt L. Waters, Las Vegas
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: Initial Client Meeting; Overview of an Eminent Domain Proceeding; Anatomy of an Appraisal
9:00 a.m. Introduction and Course Overview - Messrs. Brigham and Sperber
9:15 a.m. Initial Client Meeting: What Works Best When Meeting a Potential Client in Eminent Domain - Messrs. Faherty and Ryan
10:00 a.m. Networking Break
10:15 a.m. Eminent Domain at 10,000 Feet: Overview of an Eminent Domain Proceeding - Ms. Caswell
11:00 a.m. Anatomy of an Appraisal: How Lawyers Review and Critique Appraisal Reports - Ms. Fields
12:00 noon Lunch Break
Webcast Segment B: Selecting Eminent Domain Experts; Deminstrative Evidence; What To Do and When To Do It; Avoiding Mistakes
1:30 p.m. Selecting Eminent Domain Experts: Putting the Starting Line-Up Together and How To Establish the Working Relationship Required to Address Mixed Questions of Law and Fact in Valuation - Messrs. Della Pelle and Little
2:15 p.m. Essential Exhibits: Demonstrative Evidence in Eminent Domain - Mr. Suntum
3:00 p.m. Networking Break
3:15 p.m. Winning the High Ground: What To Do and When To Do It in Eminent Domain - Messrs. Bowman and Moore
4:00 p.m. Avoiding Mistakes: What Not To Do in Eminent Domain - Mr. Denlow
4:45 p.m. Question and Answer Session and Day One Wrap Up - Faculty Panel
5:00 p.m. Adjournment for the Day; Meet and Greet Reception**
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; Deposition of Expert Witnesses; Using the Valuation Rules; Appraisal Theory and Trial Preparation
8:00 a.m. Ethical Issues** - Messrs. Cherry, McKirdy, and Waldo
9:00 a.m. Effective Discovery: Deposition of Expert Witnesses in Eminent Domain - Mr. Masterman
9:45 a.m. Using the Valuation Rules as Tools To Win Your Case - Mr. Sperber
10:45 a.m. Networking Break
11:00 a.m. The Three Approaches to Value: What Lawyers Need To Know about Appraisal Theory and Trial Preparation - Mr. Brigham
12:00 noon Lunch Break
Webcast Segment D: Identification of Severance Damages; Selecting a Jury in a Post-Kelo Era; Cast Themes in Eminent Domain; Practice Tips
1:15 p.m. CSI - Eminent Domain: Identification of Severance Damages in Eminent Domain - Mr. Lollar
2:00 p.m. Voir Dire: Selecting a Jury in a Post-Kelo Era While in a Market Recession - Ms. Macpherson and Messrs. Blake and Thomas
2:45 p.m. Networking Break
3:00 p.m. Case Themes in Eminent Domain: How To Give the Judge and Jury the Big Picture in a Condemnation Case - Mr. Scott
3:45 p.m. How the Case was Won: Practice Tips from Experienced Eminent Domain Practitioners - Ms. Gelineau and Messrs. Herlong, Rikon, and Waters
4:45 p.m. Question and Answer Session and Day Two Wrap Up - Faculty Panel
5:00 p.m. Adjournment for the Day; Hospitality Events and Networking**; join your colleagues, faculty, and the Hospitality Committee for dinner (optional; dinner not included in tuition)
SATURDAY, FEBRUARY 6, 2010
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 general legal practice or completion of CLE Orientation Course
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: Basic
Here's what registrants have said about this course:
“Condemnation 101 was a great overview of substantive and practical information for someone less than a year into practice in this area.”
“This course has been fantastic and I would highly recommend it to anyone practicing in this area. This is the first ALI-ABA course I have attended and I am extremely impressed with the whole level of professionalism and knowledge of the speakers. The course is well worth the expense. Thank you for the amount of time and effort that has been devoted to making this as great as it was."
“A good job of introducing an overwhelming number of subject areas in a very compressed time frame. The materials did a good job of actively introducing basics.”
“The speakers for this seminar were very well educated in condemnation law and had a lot of information to offer.”
Times
All times listed are in Mountain Standard Time (MST).
