Episode 6 – Dr. Robert Gordon Discusses Presenting a Condemnation Case to a Jury

Dr. Robert Gordon, one of the leading trial and settlement scientists in the country, joins us to discuss issues relating to presenting a condemnation case to a jury.  Dr. Gordon discusses how a juror’s personal experiences influence their view of the case and how the most credentialed expert may not be the best expert.  We also have references to Yoda, Superman, Wonder Woman, and Spider Man!

Dr. Gordon can be found here:  http://www.virtualjury.com/

More information on the referenced 14th Annual Brigham-Kanner Property Rights Conference can be found here:

http://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/index.php

Episode 5 – Shane Rayman Discusses Expropriation Law in Canada and Jeff Mead Discusses Municipal Tree Ordinances

We go international in Episode 5 with Shane Rayman of Rayman Beitchman LLP in Toronto, Ontario.  Shane discusses how the eminent domain process works in Canada, including a discussion on the right to take, the full compensation system, and interesting projects taking place in Ontario.  In the Opening Statement, Jeff Mead discusses Municipal Tree Ordinances, including the recent Texas Attorney General Opinion about when such ordinances may constitute regulatory takings.  Shane also gives valuable dining advice when in Toronto!

A link to Shane Rayman’s bio is here:

Shane Rayman

A link to the news article about tree “trimming” on Forest Lane in Dallas is here:  https://www.dallasnews.com/news/news/2017/06/02/30-live-oak-trees-hacked-north-dallas-people-happy

More information on the 11th Annual Eminent Domain seminar in Dallas hosted by Eddie Vassallo and Charles Salazar can be found here:

http://cle.com/product.php?proid=1673&src=Featured&page=Eminent_Domain

More information on the 14th Annual Brigham-Kanner Property Rights Conference can be found here:

http://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/index.php

Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.    My webpage bio is here:  http://www.lockelord.com/professionals/s/schumacher-j-clint

Jeff Mead’s webpage bio is here:

http://www.lockelord.com/professionals/m/mead-jeffrey-brian

 

Locke Lord QuickStudy: Tree-Preservation Ordinances in Texas Municipalities May Constitute Regulatory Takings

Texas Attorney General Ken Paxton issued an opinion on July 14, 2017 concluding that municipal tree-preservation ordinances in Texas may, in certain unspecified factual circumstances, constitute a regulatory taking under the Federal and Texas Constitutions. Continue reading “Locke Lord QuickStudy: Tree-Preservation Ordinances in Texas Municipalities May Constitute Regulatory Takings”

Episode 4 – Interview with Professor Ilya Somin to discuss Murr v. Wisconsin, and a Discussion of Sabal Trail case from Florida

In Episode 4, we are joined by Professor Ilya Somin of the George Mason School of Law. Professor Somin is one of the leading thinkers and writers in the eminent domain community. Professor Somin joins us to talk about Murr v. Wisconsin, but also we veer off into other topics, including property rights in China. He was an outstanding guest!

My colleague, Alex LoCasto, also joins to talk about an interesting summary judgment decision in Sabal Trail v. Real Estate out of Florida. The issue was whether federal or state compensation law applies to an interstate pipeline.  The best part though is the court’s concluding paragraph.  We love judges who have a sense of humor.

Professor Somin routinely posts in the Volokh Conspiracy blog at the Washington Post which can be found here:

https://www.washingtonpost.com/people/ilya-somin/?utm_term=.2d2e7677ff9a

Professor Somin’s books, including The Grasping Hand and Eminent Domain: A Comparative Perspective can be purchased from several outlets, however, here is a link to Amazon:

https://www.amazon.com/s/ref=nb_sb_noss_1?url=search-alias%3Daps&field-keywords=ilya+somin

Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.    My webpage bio is here:  http://www.lockelord.com/professionals/s/schumacher-j-clint

Alex LoCasto’s webpage bio is here:

http://www.lockelord.com/professionals/l/locasto-alexandra

More information on the ALI audio seminar on regulatory takings hosted by Robert Thomas can be found here:

https://www.ali-cle.org/index.cfm?fuseaction=courses.course&course_code=TSZF02&contenttype=19&utm_source=email&utm_medium=eloqua&utm_campaign=EQ%20FY17-Q4%20CR-A%20F%20TSZF02-2017-7-25%20PH1%20%3A%20CopyEQ%20FY17-P12%20CR-A%20F%20TSZF02-2017-7-25%20PH1%20T1%20Coupon#tab-program-details

More information on the 11th Annual Eminent Domain seminar in Dallas hosted by Eddie Vassallo and Charles Salazar can be found here:

http://cle.com/product.php?proid=1673&src=Featured&page=Eminent_Domain

Episode 3 – Murr v. Wisconsin and Emerging Issues in Eminent Domain Appraisals with Lance Coyle, MAI

In  Episode 3, Jeff Mead discusses the U.S. Supreme Court’s recent decision in Murr v. Wisconsin and the denial of the petition for writ of certiorari in Bay  Point Properties v. Mississippi Transportation Commission.  Our featured guest is Lance Coyle, former President of the Appraisal Institute.  Lance answers the questions:  What is an MAI?  What is a CCIM?  Lance also discusses emerging issues in the appraisal world: (i) how does the appraiser distinguish business value from real property value; and (ii) what does fee simple mean in a valuation context.  Lance also discusses the Body of Knowledge Committee of the AI (which sounds really important!).  Finally, Lance discusses how the engaging lawyer can assist the real estate appraiser at the outset of the assignment.

Lance can be reached via his website at www.coyleadvisors.com or via email at lance@coyleadvisors.com.

 

Murr v. Wisconsin Ruling

The Supreme Court today ruled against the Murrs, who owned a waterfront lot in Wisconsin, and  claimed that the government took their land without just compensation.

Today’s ruling is adverse to the positions taken by a number of property rights advocates and a group of nine states, led by Nevada, which believed the case was important in preserving individual property rights.

One of the interesting issues addressed by the Court was the “whole parcel” question, or what part of the property can be considered when determining damage to the property.

We will discuss this case in more detail in Episode 3 of the Eminent Domain Podcast which will be released next week.

The Court’s opinion can be found here:

https://www.supremecourt.gov/opinions/16pdf/15-214_f1gj.pdf

Episode 2 – Interview with Efren Olivares – The Border Wall

Efren Olivares of the Texas Civil Rights Project discusses the Border Wall project and the impact on property owners along the U.S.-Mexico border.  Efren also gives his recommendation for ordering brunch in south Texas.

Efren can be found at www.texascivilrightsproject.org or by email at efren@texascivilrightsproject.org.

The podcast is available for download on ITunes or Stitcher.  Please subscribe.  You can email me at jschumacher@lockelord.com or follow me on Twitter at @J_Clint.  Let us know what you would like to hear about or who you would like to hear from.

001 – Interview with Robert Thomas – Current Cases in Eminent Domain

Robert Thomas discusses the Honolulu Rail Project, recent cases about how to determine the right parcel (the three “unities”), the ALI-CLE Eminent Domain Conference, and Kevin Bacon.  Robert’s fine work can be found at www.inversecondemnation.com.

The podcast is available for download on ITunes or Stitcher.  Please subscribe.  You can email me at jschumacher@lockelord.com or follow me on Twitter at J_Clint.  Let us know what you would like to hear about or who you would like to hear from.