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Here is our annual “proof of life” photo, taken from the dais during the opening session, to prove that all 250 of us were in the room for the ALI-CLE Eminent Domain Conference, and not out on a Palm Springs golf course (it is 72º and sunny, so a golf course would not be a bad place to be).  

Here are the links from our talk this morning (along with Amy Boulris) about the latest issues to watch in eminent domain:

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Continue Reading Wish You Were Here: Links From Day 1, 2019 ALI-CLE Eminent Domain And Land Valuation Litigation Conference

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If you didn’t register to attend the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference later this week in Palm Springs, California, well then, shame on you!

According to the National Weather Service, while you and the rest of the country is freezing, we’ll be enjoying the balmy desert climes, and discussing the topics we love: eminent domain, redevelopment, relocation, regulatory takings, trial and appeal strategies, doctrinal changes on the horizon, hot topics (border wall, pipelines, wildfires, and flooding), and others. 

Featuring a national faculty (many new to the ALI-CLE dais), and attendees from the entire spectrum of practice, academia, and the bench. 

If you are not joining us, be sure to follow along on the blog (we will post updates daily), and on Twitter (@invcondemnation, @ALI_CLE #EminentDomain2019). And plan on joining us in 2020, when we’ll be in a new city (by…

Continue Reading ALI-CLE Palm Springs (72º, Sunny) Here We Come

Don’t Miss the 2019 Eminent Domain Litigation Conference from American Law Institute CLE on Vimeo.

Check out this sound blurb, produced by the good media folks at ALI-CLE, about the upcoming Eminent Domain and Land Valuation Litigation Conference. (And no, we didn’t record this in a jazz club; although I wish we had.)

There’s still time to register, and come and join us in Palm Springs. Continue Reading Hot (Eminent Domain) Topics, Cool Jazz

We have mostly avoided the most recent kerfuffle about the southern border wall (or fence, take your pick) for a few reasons.

First, the signal-to-noise ratio is pretty bad at the moment, and that usually isn’t a good predictor for rational conversation. Second, others are covering the subject much better than we ever could. See Professors Gerald Dickinson, and Ilya Somin, for example. Third, yet other experts are going to be covering this topic at the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Palm Springs (Jan 24-26, 2019), and we can get the critical information downloaded to our brain from those right on the front lines. And finally, we’ve been tied up getting ready for a very important appellate oral argument which the Hawaii Supreme Court is hearing today. Actual work calls! 

But we just couldn’t resist when this item crashed our Twitter feed…

Continue Reading “Eminent Domain Just Compensation Act” – Withdrawing The Quick Take Power From Border Wall Takings – What Is It Good For?

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We’re almost there, but we still have room remaining. At the 2018 Conference in Charleston, we both sold out the registrations and the conference hotel, so we planned ahead for the upcoming 2019 Conference in Palm Springs at the Renaissance Palm Springs Resort. 

Register here. You will also be able to download the print brochure (above), or find out more details about the agenda and faculty on line. As always, we have assembled a great faculty — many of them new speakers — on the hottest topics in eminent domain and takings law: pipelines, jury presentations, challenging the take, an update on the most important decisions of 2018, pre-condemnation planning (from both the condemnor and property owner perspective), the border wall, and relocation. 

And of course, ethics and the “101” track for those new to the field, or experienced lawyers who would like a refresher on the…

Continue Reading Space Remaining Is Limited – Register Now For ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Palm Springs, Jan. 24-26, 2019)

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A very good and active crowd for today’s Eminent Domain Conference (CLE International) in Scottsdale, Arizona. It was good to visit with some old friends, and also to get to meet some new colleagues.

Our talk focused on national trends, and this year’s most interesting condemnation and takings cases. Here’s the links to the cases I mentioned that are not in the written materials:

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Continue Reading Link’s From Today’s Eminent Domain Conference (Scottsdale)

With registration for the 2019 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Palm Springs well underway, we thought it would be a good time to post up some of the materials from this year’s Charleston conference. 

In “Alternative Dispute Resolution in Condemnation Cases: An Eminently Agreeable Solution,” an article in The Practical Real Estate Lawyer adopted from their conference materials, our colleagues Peter Buchsbaum (a retired New Jersey judge), and Cortney Young and Steve Silva (both from Nevada), discuss strategies which can be used to resolve eminent domain cases in ways other than trial. Well worth your time.

There’s a lot more like this on the Palm Springs program. This program and others like it are just a few of the reasons why attending the Conference is also well worth your time.

Register now.

Buchsbaum, Young, & Silva, Alternate Dispute Resolution in Condemnation Cases: Continue Reading New Article: ADR In Eminent Domain – “An Eminently Agreeable Solution”

Get ready. In this and upcoming posts, we’re going to be featuring the items on our agenda for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 24-26, 2019, in sunny Palm Springs, California. 

ALI-CLE has released the brochure, which those of you on the mailing list should have received — or will be receiving — in your brick-and-mortar inboxes. If not, download it here. Looking it over, you will see that we have assembled a great faculty with expertise in the range of issues that are driving our branch of the law, locally and nationally.

And, as always, one of the best aspects of this conference is the collegiality. Our attendees and faculty find that one of the most beneficial parts of the conference is to meet your colleagues from across the country, and talk shop about the issues we love.  

Of course we …

Continue Reading ALI-CLE Eminent Domain And Land Valuation Litigation Palm Springs Brochure Is Out

Pipelines are a hot topic. So much so that we’re devoting a couple of sessions at the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference to the subject (“Where You Haven’t Gone Before: New Approaches to Challenging the Take,” and “Compensation Pitfalls: How to Avoid Problems,” for example). 

And, with this recently-filed cert petition in a case we’ve been following, the issue just got hotter. 

In Berkley v. FERC, the U.S. Court of Appeals for the Fourth Circuit held that the federal Natural Gas Act allows the Federal Energy Regulatory Commission to delegate eminent domain authority to Mountain Valley, and that any challenges to that authority must be done via the NGA’s administrative review process.

We predicted a cert petition because it didn’t seem that the constitutional question of whether a taking is for public use could be relegated for resolution to the administrative …

Continue Reading New Cert Petition: Can Congress Delegate To An Executive Agency Appeals Process The Power To Decide Whether A Taking Violates The Public Use Clause?

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Last week, the 15th Annual Brigham-Kanner Property Rights Conference saw the gathering of legal scholars, judges, lawyers, and law students at the William and Mary Law School to award the B-K Property Rights Prize to Cardozo lawprof Stewart Sterk, followed by a day-long conference focusing on Professor Sterk’s work and the latest developments in property rights law.

Professor Sterk joins the pantheon of property law scholars (and a judge and a practitioner) who have been awarded the Prize. Pretty impressive:

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As always, the program starts off with a candlelight dinner and award presentation in the historic Wren Building, definitely a highlight of the Conference. More about the Conference here. 

And there’s nothing like spending the following day addressing some of the most pressing issues in our area, along with the brightest minds in the business (below is the final panel of the day, with Professor John Echeverria…

Continue Reading 2018 Brigham-Kanner Property Rights Conference Report: Emerging Issues