Later this week, I’ll be attending the annual scrum of lawyers known as the American Bar Association Annual Meeting, being held this year in Toronto, Ontario, Canada. I’ll be attending the gatherings of the State & Local Government Law Section and the Litigation Section (Condemnation, Zoning & Land Use Committee), and the meeting of the Council of Appellate Lawyers.

I’m the CLE Director for the State & Local Government Law Section, and I’m pretty excited about our two featured programs. The first is Protecting Heirs Property: Uniform Laws and Social Justice, a presentation about the new uniform act dealing with the problem of fractional ownership by extended families of land, mostly in the rural south. The program will be moderated by George Mason U lawprof (and regulatory takings guru) Steven Eagle, and includes four expert speakers on the subject. Professor Eagle always asks provocative questions and

Continue Reading ABA Annual Meeting, Toronto

ABA_SLG Next week (May 12 – 15, 2011), the ABA Section of State & Local Government Law is meeting in Portland, Oregon.

This is our Spring Meeting (complete agenda here), and is co-sponsored by the Urban Land Institute and the American Planning Association. In addition to the business and administrative meetings (I promise, the meeting of the Condemnation Law Committee will be brief), we’ve lined up an impressive selection of CLE programs. Topics include:

  • Green Building – This panel will discuss the issues of Green Building Ordinances, ongoing cases involving the preemption of local green building codes under federal law and other challenges and pitfalls with Green Building Ordinance initiatives.
  • Cyberbullying – This program will explore the challenges that the Internet brings to protecting students from harassment while at the same time respecting


Continue Reading Upcoming CLE And ABA State & Local Govt Law Section Meeting (Portland)

Anyone who is a regular reader of this blog knows Mike Berger. If you don’t immediately recognize his name just check the reports of decisions because you certainly know his cases, which include: Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002), City of Monterey v. Del Monte Dunes at Monterey, Ltd. (1999), Preseault v. ICC (1990), and First English Evangelical Lutheran Church v. County of Los Angeles (1987) in the U.S. Supreme Court, and countless cases in the Federal and California Reports. A frequent speaker and law review author, Mike has been representing property owners in eminent domain, regulatory takings, and inverse condemnation cases for decades.  I have considered Mike a guide who helped me start down the land use law path ever since I read his article “Happy Birthday, Constitution: The Supreme Court Establishes New Ground Rules for Land-Use Planning,” 20 Urban Lawyer 735 (1988).

Continue Reading “You Mean After You Call Mike Berger?” Appellate Lawyer Honored By Owners’ Counsel

Michael Galinsky, Suki Hawley, and David Beilinson, the makers of “Battle of Brooklyn,” a documentary about the controversial Atlantic Yards project, screened a rough cut of their film last night at the American Law Institute-American Bar Association’s eminent domain law conference. It’s an inside look at one property owner at the business end of eminent domain.

This morning, I had a chance to sit down briefly with Michael in the lobby of the Hyatt Coral Gables and talk about what brought this film about. 

(24 minutes)

Stream the podcast above, or download it here (33mb mp3).

Here’s a summary of “Battle of Brooklyn” —

The film is the only intimate look at the very public and passionate fight waged by owners and residents facing condemnation of their property to make way for the controversial Atlantic Yards Project, a massive plan to build 16 skyscrapers and a basketball

Continue Reading Interview With The Filmmaker: Michael Galinsky On “Battle of Brooklyn”

AliabaAt today’s ALI-ABA annual conference on eminent domain law in Coral Gables, Florida, Tony Della Pelle (NJ Condemnation Law blog) and I (in a session moderated by Nancy Myrland) presented “The ‘Social’ Lawyer: New Media Strategies for Marketing Your Eminent Domain Practice,” about how eminent domain attorneys can use social media for business development or simply to keep up on the latest cases. For those of you who were with us in person or on the webcast, here are some of our favorite law blogs. And, if you couldn’t join us, you really should consider it next year since the conference features stellar faculty, all experts in the field of condemnation and eminent domain law.

These are the essential blogs in our area of practice:

  • Gideon’s Trumpet – this blog, published by Gideon Kanner, is the equivalent of a nonstop eminent domain conference, since Gideon shares his


Continue Reading Eminent Domain & Property Law Blogs From Today’s ALI-ABA Session

Readers: are you planning on attending tomorrow’s eminent domain conference at Fordham Law? Details here.

The agenda and faculty look very good. Speakers include Associate Justice James Catterson (N.Y. Appellate Division) (who wrote recently, “Unfortunately for the rights of the citizens affected by the proposed condemnation, the recent rulings of the Court of Appeals … have made plain that there is no longer any judicial oversight of eminent domain proceedings.”), Professors Steven Eagle and Ilya Somin (GMU), and Amy Lavine (Albany Law Gov’t Law Center).

We wish we could attend, but we are engaged elsewhere. If you do attend, might we prevail on you to provide a report? If you are so inclined, send it to us and we will post it (let us know whether you’d like attribution, or would prefer to remain uncredited).Continue Reading Fordham Conference – Taking New York: The Opportunities, Challenges, and Dangers posed by the Use of Eminent Domain in New York (2/22/2011)

Aliaba

There’s still time to register to attend either of the upcoming two courses of study, Eminent Domain and Land Valuation Litigation, and the sixth annual presentation of the basic-level Condemnation 101: Making the Complex Simple in Eminent Domain, both at the Hyatt Regency in Coral Gables (Miami), Florida. Both courses also are offered via live webcast, available either in their entirety or in segments. These programs will run concurrently from Thursday-Saturday, February 17-19, 2011.

I will be joining Nancy Myrland and Anthony Della Pelle (NJ Condemnation Law blog) leading a session on “The ‘Social’ Lawyer: New Media Strategies for Marketing Your Eminent Domain Practice,” about how eminent domain attorneys can use social media for business development or simply to keep up on the latest cases.

Here’s the agendas for the advanced course, and for the 101 course. As I’ve written before, both feature stellar


Continue Reading There’s Still Time To Register And Attend ALI-ABA’s Annual Eminent Domain Conferences

On Friday, February 18, 2011 from noon to 1:00 p.m., my Damon Key colleague Greg Kugle will be speaking to the Hawaii State Bar Association’s Real Property and Financial Services Section on Shoreline Issues. Greg chairs our firm’s real estate and construction law practice group, and has been representing property owners on shorelines issues across the State of Hawaii for many years.

The presentation is free for HSBA members and will take place at the HSBA Confrerence Room, 1100 Alakea Street, Suite 1000. HSBA members from the neighbor islands can call in to a toll-free conference line (contact us for the instructions). Continue Reading Greg Kugle To Speak To HSBA On Shoreline Issues (2/18/2011)

To all of you who attended the first day of the Hawaii Land Use Conference today, thank you. As promised, here are the items I discussed during my two sessions:

  • United States v. Milner, 583 F.3d 1174 (9th Cir. 2009) – the case in which the Ninth Circuit affirmed a finding of common law trespass for the building of a wall on fast land, because the shoreline eventually eroded up to it. Both parties had “vested rights” to an ambulatory littoral boundary. The U.S. Supreme Court denied review, as noted here.


Continue Reading Cases And Links From Today’s Hawaii Land Use Conference Sessions On Coastal Issues And Water Law

11.LULHI This Thursday (January 13, 2011) I’ll be leading two sessions at the fifth Hawaii Land Use Law conference at the Ala Moana Hotel in Honolulu. This conference takes place biannually, so this is your last chance until 2013 to get updated on the hottest topics, by a stellar faculty.

My sessions will cover Coastal Issues (which includes shoreline boundary, takings, and the U.S. Supreme Court’s Stop the Beach Renourishment case), and Water Issues (which will cover instream flow standards, public trust and private rights, and the Maui Water cases). The conference continues on Friday. Download the brochure here for a complete agenda.

The planning chairs, U. Hawaii Law Professor David Callies (U. Hawaii Law) and Ben Kudo (Imanaka, Kudo and Fujimoto), have assembled a talented and interesting faculty. The keynote speaker will be Professor Gideon Kanner, who will present “Taking a Critical Look at 30 Years of the Supreme Court’s

Continue Reading There’s Still Time To Register And Attend The Fifth Hawaii Land Use Conference