Eminent Domain and Land Valuation Litigation - CLE, Continuing Legal Education - ALI CLE.org
Eminent Domain and Land Valuation Litigation
  • 30th Annual Advanced ALI-ABA Course of Study/Live Video Webcast
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Why You Should Attend

Court rulings and legislation are reshaping the power of eminent domain across the nation. Much of the recent court activity and legislation has involved the controversial use, or attempted use, of eminent domain power to take private property for economic development by private parties. Redevelopment, however, is not the only fluid area in takings law.


This national conference addresses the areas where new developments in the law and procedure have and will reshape the practice. Learn what is new in the innovative areas of eminent domain law and how the practice in this field continues to evolve.


This popular and long running advanced accredited CLE course of study kicks off with a comprehensive update on eminent domain case law and legislation by a pre-eminent practitioner.


Each morning, the course focuses on hot issues and topics that affect attorneys and other legal practitioners today.


On Thursday and Friday afternoon, a dual-track system addresses important substantive and practice topics in a series of breakout sessions. Registrants can learn about the key issues in substantive takings law from nationally recognized and experienced professionals. On the practice side, registrants can choose from another array of sessions rich in practice pointers.


This advanced, accredited, continuing legal education course brings all the right participants together — lawyers, appraisers, condemning agencies, right-of-way professionals, leading academics, and many others — to share valuable experiences and engage in healthy debate on these cutting-edge issues.


Networking opportunities are scheduled throughout the program, with breakfasts, networking breaks, a reception on Thursday afternoon, and social activities in the evenings arranged by a special hospitality committee. Come and meet with colleagues from around the nation, exchange ideas, enjoy the fellowship, and collect more than 16 hours of CLE credits.

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What You Will Learn

New developments in the law and procedure are quickly changing the practice of eminent domain and land valuation. Energy companies, for example, are using eminent domain in Texas to take property for their pipelines, and municipalities are considering use of eminent domain to take “underwater” mortgages. How can the eminent domain and land use practitioner stay abreast of all the changes?


The best practitioners refresh their expertise at this annual conference. This year’s presentation features:


More than 20 sessions on the hottest topics and issues, including Condemning Underwater Mortgages, the Keystone Pipeline Project and Other Utility Corridor Projects, and Relocation Claims

Updates on the topics essential to your practice, including an Eminent Domain Case Law Update, a Review of Legislative Reforms and State-by-State Trends, and an Update on the Constitutional Requirements of “Just Compensation”

Concurrent afternoon sessions on important substantive law topics, including The Taking of Franchises by Eminent Domain, Liability for Pre-Condemnation Damages, Application of the Subdivision Valuation Method, and Temporary Takings

Concurrent afternoon sessions on key practice issues, including When to Try a Valuation Case to a Jury, How To Implement a Business Plan for an Eminent Domain Practice, and Appraisal Issues Caused by Floods and Oil Spills

A national faculty of experts that includes lawyers, appraisers, condemning agencieås, right-of-way professionals, leading academics, and many others

A full hour on ethics relevant to eminent domain and land use attorneys

Networking opportunities galore, including dinners arranged by our hospitality committee

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Who Should Attend

Attorneys and other legal professionals who could benefit from an advanced study of Eminent Domain and Land Valuation Litigation should attend this accredited continuing legal education program from ALI CLE.

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Planning Chairs

(also on faculty)

Leslie A. Fields, Faegre Baker Daniels LLP, Denver

Joseph T. Waldo, Waldo & Lyle, P.C. Norfolk, Virginia

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Stephen I. Adler,  Austin, Texas

Jeffrey A. Beaver, Graham & Dunn PC, Seattle

Dana Berliner, Litigation Director, Institute for Justice, Arlington, Virginia

Paula Black, Paula Black and Associates, Coconut Grove, Florida

Edward G. Burg, Manatt, Phelps & Phillips, LLP, Los Angeles

James S. Burling, Director of Litigation, Pacific Legal Foundation, Sacramento, California

Heyward M. Cantrell, MAI,, President, Cantrell Real Estate, Inc., Jacksonville, Florida

Eric C. Cotton, Associate General Counsel—Litigation/Operations, DDR Corp., Beachwood, Ohio

Anthony J. Coyne, Mansour, Gavin, Gerlack & Manos, L.P.A., Cleveland

Anthony F. Della Pelle, McKirdy & Riskin, P.A., Morristown, New Jersey

Robert Denlow, Denlow & Henry, St. Louis

Darius W. Dynkowski, Ackerman, Ackerman & Dynkowski P.C., Bloomfield Hills, Michigan

Steven J. Eagle, Professor of Law, George Mason University School of Law, Arlington, Virginia

Jill S. Gelineau, Schwabe, Williamson & Wyatt, P.C., Portland, Oregon

Deborah B. Haskell, CRE, FRICS, MAI, Managing Director, Dispute Analysis and Litigation Support, Cushman & Wakefield of North Carolina, Inc., Charlotte, North Carolina

Mark F. (Thor) Hearne, II, Arent Fox PLLC, Washington, D.C.

Warren C. Herlong, Jr., Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile, Alabama

Steven A. Hirsch, Bryan Cave LLP, Phoenix

Robert Hockett, Professor of Law, Cornell University Law School, Ithaca, New York

Jeremy P. Hopkins, Waldo & Lyle, P.C., Norfolk, Virginia

Gideon Kanner, Professor of Law Emeritus, Loyola Law School, Los Angeles

Kurt C. Kielisch, President, Forensic Appraisal Group, Ltd., Oshkosh, Wisconsin

Brian P. Liston, The Law Offices of Liston & Tsantilis, P.C., Chicago

Edward D. McKirdy, McKirdy & Riskin, P.A., Morristown, New Jersey

Thomas H. Peebles, IV, Waller Lansden Dortch & Davis, Nashville

Michael Rikon, Goldstein, Rikon & Rikon, P.C., New York

Howard A. Roston, Fredrikson & Byron, P.A., Minneapolis

Charles L. Ruffin, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Atlanta

Mark D. Savin, Fredrikson & Byron, P.A., Minneapolis

Paul R. Scott, Smith Phillips Mitchell Scott & Nowak, LLP, Hernando, Mississippi

Randall A. Smith, Smith & Fawer, L.L.C., New Orleans

Robert J. Strachota, MAI, President, Shenehon Company, Minneapolis

Michael Sullivan, Range West Consultants LLC, Prescott, Arizona

Robert H. Thomas, Damon Key Leong Kupchak Hastert, Honolulu

Ronald L. Throupe, Ph.D., MRICS, Partner, American Valuation Partners, Seattle; and Professor, Burns School of Real Estate and Construction Management, University of Denver, Denver

Darrell G. Waas, Waas Campbell Rivera Johnson & Velasquez LLP, Denver

Charles S. Webb III, Berger & Webb, LLP, New York

Dexter R. Williams, DRW Consultants, LLC, Midlothian , Virginia

 ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study

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Program Schedule


8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Welcome and Announcements


9:00 a.m. Conference Overview  Ms. Fields and Mr. Waldo

9:15 a.m. Eminent Domain Update  Mr. Kanner

10:00 a.m. Networking and Refreshment Break

10:15 a.m. Legislative Reforms and State-by-State Trends from across the Nation  Ms. Berliner

11:00 a.m. Condemning Underwater Mortgages  Messrs. Burling and Thomas and Prof. Hockett 

12:00 noon Lunch Break


AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms)

  Practice Issues* Substantive Issues
1:30 p.m. Condemning Underwater Mortgages: A Dialogue Around the Pros and Cons  Prof. Kanner and Messrs. Burg, Della Pelle, McKirdy, and Webb*  New Developments in Defining the Parcel as a Whole To Establish a Regulatory Taking Prof. Eagle
2:15 p.m. Trying Your Valuation Case Before a Jury – Why Would You and How Is It Diffeent?  Mr. Waas* The Changing Law of Visibility  Mr. Savin

3:00 p.m. Networking and Refreshment Break

AFTERNOON CONCURRENT SESSIONS(Registrants may shuttle between meeting rooms)

  Practice Issues* Substantive Issues
3:15 p.m. From the Field to the Courtroom: Spotting Hidden Issues: An Engineer’s Role in Damage Cases  Messrs. Waldo and Williams*  Issues and Questions When a Franchise Is Taken by Eminent Domain  Mr. Ruffin  
4:00 p.m. How To Develop and Implement a Business Plan for an Eminent Domain Practice  Ms. Black and Messrs. Della Pelle, Herlong, and Liston* The Effect of the Economic Downturn on the Condemnation Practitioner: Dealing with Bankruptcy, Receiverships, and Creditors’ Remedies Mr. Hirsch

5:00 p.m. Adjournment for the Day; Meet and Greet Reception. Meet your colleagues from around the nation.

6:00 p.m. Hospitality Events and Networking; join your colleagues, faculty, and the Hospitality Committee for dinner (optional; dinner not included in tuition)


7:30 a.m. Networking Session and Continental Breakfast


8:00 a.m. Ethics Presentation  Ms. Fields and Messrs. Rikon and Waldo

9:00 a.m. Keystone Pipeline Project and Other Utility Corridor Projects  Messrs. Hopkins, Kielisch, and Peebles

10:00 a.m. Treasures and Traps: Mining Your Relocation Claims to the Max Mr. Sullivan

10:45 a.m. Networking and Refreshment Break

11:00 a.m. Constitutional Requirements of “Just Compensation,” Attorney Fees and Interest, and “A Full and Perfect Equivalent"  Mr. Hearne

11:45 a.m. Dealing with Valuation Problems for the Landowner before the Trial and in the Courtroom   Messrs. Denlow and Scott

12:30 p.m. Lunch Break


AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms)

  Practice Issues* Substantive Issues
1:30 p.m. Special Use Properties and Unconventional Valuation Assignments – Mr. Cantrell and Ms. Haskell* Condemnor Beware: What Activities Will Make You Liable for Pre-Condemnation Damages – Ms. Fields
2:15 p.m. What Matters Most to Corporate and Institutional Landowners When Faced With Eminent Domain Takings – Mr. Cotton* The Jurisdictional Exception: Resolving Tensions Between Appraisal Standards and Litigation Requirements – Messrs. Roston and Strachota

3:00 p.m. Networking and Refreshment Break

AFTERNOON CONCURRENT SESSIONS(Registrants may shuttle between meeting rooms)

  Practice Issues* Substantive Issues
3:15 p.m. Unique Eminent Domain and Appraisal Issues Caused by Floods and Oil Spills: Lessons Learned from Katrina and Other Disasters –  Mr. Smith and Dr. Throupe* Divide and Conquer: The Applicability of the Subdivision Valuation Method in Eminent Domain Proceedings  – Messrs. Adler and Dynkowski
4:00 p.m. Then and Now: The Evolution of Transit Oriented Development – Prof. Coyne* When Is Temporary Taking Not a Temporary Taking? New Cases Reshape An Old Concept   Mr. Beaver and Ms. Gelineau

5:00 p.m. Adjournment for the Day; Hospitality Events and Networking


8:30 a.m. (Combined Session with Condemnation 101)
Networking Session and Continental Breakfast


9:00 a.m. Regulatory Taking Update - Mr. Burg

9:45 a.m. Vested Rights and Black Holes: The Birth and Many Deaths of Vested Rights - Mr. Burling

10:45 a.m. Networking and Refreshment Break

11:00 a.m. National Forum

12:00 noon Adjournment
*Segment not recorded or webcast.

Total 60-minute hours of instruction: 16.25, including one hour of ethics; Total 50-minute hours of instruction: 19.5

Suggested Prerequisite: Limited experience in practice in subject matter or completion of Basic CLE/CPE Course in subject matter

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 developments

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

This was my first time attending the ALI-ABA Eminent Domain conference and I was impressed. With excellent speakers, topics, and networking opportunities, the conference was very valuable and I’ll definitely return.

I think the program this year was especially good practical and useful. All the speakers were excellent. The ethics speaker did a really good job. Course always provides great networking opportunities

The Program was, per usual, quite excellent.

This has been the best CLE I have ever attended.

This was my first Eminent Domain CLE. It has become a large part of my practice and I was very impressed with the resumes of the speakers who have focused on their speaking topics and displayed a great depth of understanding of the topic. In addition, I was glad to meet attorneys on both sides of condemnation actions, as I myself have been on both sides.

Outstanding program. The best eminent domain program presented each year.

This was a very good program. The speakers were very good.

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