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When we met for the 39th ALI-CLE Eminent Domain & Land Valuation Litigation Conference in-person in Scottsdale a couple of months ago, we hinted that you’d like the venue for the 2023 Conference. We say “hinted” because without an executed contract with the venue, we could not officially announce it.

But the good folks at ALI-CLE have let us know that signed, sealed, and delivered the agreement, and that we can make the official announcement. So here it is: for the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, we will be returning to one of our favorite cities, Austin, Texas. Details:

Date: February 2-4, 2023 (as usual, the week between the playoffs and the Super Bowl)

Conference hotel: Sheraton Austin Hotel at the Capitol

Programming: the same high-quality presentations you know and love.

We were last in Austin in 2016, and even though the city has

Continue Reading It’s Official, So Mark Your Calendars: ALI-CLE Eminent Domain & Land Valuation Litigation Conference: Feb 2-4, 2023, Austin, Texas

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After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.

Approximately 200 lawyers, judges, legal scholars, appraisers, law students, right-of-way agents, relocation experts, property owners, and other related professionals gathered in-person–yes, in-person–at the Scottsdale (Arizona) Resort at McCormick Ranch, to get reacquainted, learn stuff, and renew ties last made in-person in Nashville in 2020. In addition to the live attendance, we also welcomed about 50 remote colleagues, who joined the live webstream.

This was the 39th edition of the Conference, one of the most-established and successful conferences in the ALI-CLE stable of programs.

To those who joined us – thank you. This conference reminded us of why this program is so

Continue Reading 2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!

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As usual, Michael Berger and Jim Burling kept the room filled on a Saturday morning, and informed and entertained.

After their presentations, and the National Forum at which practitioners from around the country briefed us all about the issues in their respective jurisdictions, we wrapped up the 39th ALI-CLE Eminent Domain & Land Valuation Litigation Conference.

We’ll have a more in-depth after-action report on the Conference next week for those of you who could not attend in-person (we had a very successful meeting, but nonetheless missed you), but for now, we ask this: reserve the time on your 2023 calendars now. The date? The usual dates in late January or early February 2023, between the playoffs and Super Bowl. 

ALI-CLE is in the final stages of securing a venue, and when it becomes official we’ll announce it here and elsewhere.

Stay tuned.Continue Reading That’s A Wrap For The 39th ALI-CLE Eminent Domain & Land Valuation Litigation Conference. See You At The 40th In 2023 In 2023 In …

ALI-CLE 2022 Bingo card

Are there going to be prizes at the 2022 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 26-29, 2022 at the McCormick Ranch Resort in Scottsdale, Arizona? Oh yes.

But to win, you gotta play. To play, you first gotta join us and register (more info here), preferably in-person in Scottsdale, or via our live webcast (either the whole shebang, or ala carte). After you register, next step is to make your own bingo card (or you can use our card, above). To make your own, download the MS Word template here (ALI-CLE 2022 Bingo card BLANK.docx).

Then open the doc and from the suggested list of entries, cut-and-paste into the blank squares (all but the center, which is a freebie). 

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(click the pic if it is too small to be viewed on your screen)

You are not bound by these suggested entries and

Continue Reading Your 2022 ALI-CLE Eminent Domain & Land Valuation Litigation Conference BINGO Card

The latest episode of Clint Schumacher’s Eminent Domain Podcast has dropped.

A Holiday Special in which Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, and Adam Sanders share their seasonal traditions.

We also visit with Clint for a preview of the upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022, Scottsdale, Arizona.

As always, check it out!Continue Reading Episode 80, Eminent Domain Podcast: Holiday Special (And ALI-CLE Conference Preview)

Now’s the time to register for the 2022 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 26-29, 2022 at the McCormick Ranch Resort in Scottsdale, Arizona.

That’s right, we’re back in-person at the venerable event (38th annual) and we’re bringing you the great content, speakers, and social events that are our hallmark.

Sessions include:

  • Property Rights as Civil Rights
  • Eminent Domain National Update
  • Just Relocation: Understanding the Law and Regulations to Ensure Fairness
  • Challenging Public Use: Lessons From a 67-Day Trial
  • COVID Takings
  • Federal Court and the Daubert Challenge: How to Prepare
  • Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
  • How to Position Your Client for the Fallout When Projects Don’t Get Built
  • Rural Broadband and the Emerging Constitutional Challenges
  • Are Precondemnation Entry Statutes Still Valid After Cedar Point Nursery?
  • How Condemnor and Property Owners’ Counsel Prepare the Battlefield


Continue Reading Time Is Running Out: Register Now For The 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022, Scottsdale

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This Wednesday, December 15, 2021, at 1pm ET (10am PT) our PLF colleague Chris Kieser will be presenting an American Bar Association webinar, produced by the Real Property, Probate, and Trust Section, “Cedar Point Nursery v. Hassid: Supreme Court Weighs in on Definition of ‘Private Property’ and Implications for the Future.”

Register here. Here’s the details:

Chris Kieser, one of the attorneys representing Cedar Point Nursery in the recent Supreme Court case, will discuss the Court’s ruling as to what constitutes a physical taking of “Real Property” under the 5th Amendment and its potential applications in other contexts. He will be supported in the discussion by moderator, Nick Laurent, the chair of Land Use and Environmental Group – Condemnation Committee.

Chris is one of the lawyers representing the prevailing property owners in Cedar Point (our own look at the decision here), so he has a very

Continue Reading Wed, Dec. 15, 1pm ET: “Cedar Point Nursery v. Hassid: Supreme Court Weighs in on Definition of “Private Property” and Implications for the Future” ABA RPTE Webinar

PASH symposium

Back in February, we were honored to be part of the University of Hawaii Law Review’s symposium “25 Years of PASH,” a retrospective of one of the Hawaii Supreme Court’s most famous (or infamous) decisions, Pub. Access Shoreline Haw. v. Haw. Cnty. Plan. Comm’n, 79 Haw. 425, 903 P.2d 1246 (1993), cert. denied sub nom., Nansay Haw. v. Pub. Access Shoreline Haw., 517 U.S. 1163 (1996) (PASH).

At the conference, we spoke on the panel about “PASH and the Changing Coastal Environment” (see video here at the 2:02:25 mark if you want to watch our panel’s summations). The Law Review has now published the symposium, and here’s our contribution, Takings PASH and the Changing Coastal Environment, 43 U. Haw. L. Rev. 525 (2021).

For those of you not totally tuned in, in the PASH case the Hawaii Supreme Court

Continue Reading New Article: “Takings, PASH, and the Changing Coastal Environment,” 43 U. Haw. L. Rev. 525 (2021)

“This year, the Northwestern University Law Review presents a symposium on property and inequality, which brings together scholars of legal history, property, tax, land use, fair housing, environmental law, natural resources and water rights, family law, education, and constitutional law, to highlight new scholarship at the intersection of these fields.”

More information, as well as registration to attend remotely, here.

Nulr_symposium_posterContinue Reading Still Time To Sign Up For Northwestern L. Rev.’s Symposium: “Reimagining Property Rights in the Era of Inequality” (Friday, Nov. 12, 2021)

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Please plan on joining us next Wednesday, November 3, 2021, at 8pm ET for the next gathering of the Eminent Domain and Right of Way Club, a social media gathering spot “geared toward right of way professionals as well as anyone interested in the acquisition of land rights for infrastructure projects.” Register for the (free) Clubhouse App here.

I must say that I’m intrigued by this newfangled “clubhouse” thing, and from what I gather it is a place for those who share interest in a topic to talk a bit of shop in a friendly and informal environment. What’s nice about this group is that it isn’t necessarily geared only towards condemnation lawyers (who are welcome, but not the center of gravity), but includes all of the other professionals involved in the industry. 

The topic of the day for this meeting is something near and dear to my

Continue Reading Join Us – Wed, Nov 3, 2021 (8pm ET) – Eminent Domain & Right-of-Way Club