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Eminent Domain and Land Valuation Litigation - CLE, Continuing Legal Education - ALI
Eminent Domain and Land Valuation Litigation
  • 31st Annual Advanced ALI CLE Course/Live Video Webcast
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Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend


New developments in the law and procedure are quickly changing the practice of eminent domain and land valuation. Much of the recent court activity and legislation has involved the controversial use of eminent domain power to take private property for economic development by private parties, while municipalities are threatening to use eminent domain to take underwater mortgages, and budgetary constraints are imposing pressures on condemning authorities. How will this shake out? How can the eminent domain and land use practitioner stay abreast of all the changes?


This national CLE conference on eminent domain and land valuation litigation addresses those areas where new developments in the law and procedure have and will reshape the practice. The best practitioners come to this conference to learn what’s new in eminent domain law and how the practice in this field continues to evolve.


The course brings all the right participants together, such as lawyers, appraisers, condemning agencies, right-of-way professionals, and leading academics, to share valuable experiences and engage in healthy debate on 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, and enjoy the fellowship.

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What You Will Learn

This popular and long running advanced course kicks off with a comprehensive update on eminent domain case law and legislation. On Thursday and Friday afternoon, dual tracks address 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 chock full of practice pointers.


Experienced faculty will explore what you need to know to stay current in your practice. Here are just some of the topics for discussion:

key practice issues, including: assessing relocation costs, Keystone Pipeline developments, using the iPad at trial, protecting the record for appeal, redeveloping shopping malls through urban renewal, how to work with a jury consultant, and addressing title issues and project plans at trial

updates on eminent domain case law, regulatory law, and just compensation

more than 20 sessions on the hottest topics, such as: design build projects, legal protection for appraisal methodologies, and appraising utility corridors

substantive law concerns, including: apportionment of damages between landlords and tenants, use of FOIA in eminent domain proceedings, use of first and second generation rents, billboard valuation, condemnation issues in the aftermath of a natural disaster, and legal issues when federal funds are involved in a project

ethical issues for eminent domain and land use attorneys


This course runs concurrently with ALI CLE's annual course Condemnation 101: How To Prepare and Present an Eminent Domain Case to allow for increased networking opportunities.

Two or More Registrants? Two Ways to Save! Register to attend Eminent Domain and Land Valuation Litigation in New Orleans at full price and all others from your firm attend for 50% off. Go to Group Rates for pricing and to register.


Attend Eminent Domain in New Orleans at full price and bring an associate from your firm to Condemnation 101: How To Prepare and Present an Eminent Domain Case for 50% off. Click here to register.


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Planning Chairs

Leslie A. Fields, Faegre Baker Daniels LLP, Denver

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

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Stephen I. Adler, Barron Adler L.L.P., Austin, Texas

Stephanie H. Autry, Cranfill, Summer & Hartzog LLP, Raleigh, North Carolina

George B. Autry, Jr., Cranfill, Sumner & Hartzog LLP, Raleigh, North Carolina

Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles

Amy Brigham Boulris, Gunster, Yoakley & Stewart, P.A., Miami

Andrew P. Brigham, Brigham Moore LLP, Jacksonville, Florida

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

James S. Burling, Principal Attorney, Property Rights Practice Group, Pacific Legal Foundation, Sacramento

Brandee L. Caswell, Faegre Baker Daniels LLP, Denver

Francis A. Cherry, Jr., Randolph, Boyd, Cherry and Vaughan, Richmond, Virginia

Anthony J. Coyne, Mansour, Gavin Gerlack & Manos Co., Cleveland

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

Andrew L. Ehrlich, Faegre Baker Daniels LLP, Washington, D.C.

James W. Ely, Jr., Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University Law School, Nashville

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

Janet Bush Handy, State Highway Administration, Office of Attorney General, Baltimore

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

Steven A. Hirsch, Bryan Cave LLP, Phoenix

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

Gideon Kanner, Professor of Law Emeritus, Loyola Law School, Burbank, California

Kurt C. Kielisch, President, Appraisal Group One, Inc., Oshkosh, Wisconsin

John W. Little, III, Gunster, Yoakley & Stewart, P.A., West Palm Beach

Charles M. Lollar, Waldo & Lyle, P.C., Norfolk, Virginia

Susan Macpherson, Senior Litigation Consultant and Vice President, NJP Litigation Consulting, Minneapolis

Richard Marchitelli, Executive Managing Director, Cushman & Wakefield, U.S. Practice Leader Dispute Analysis & Litigaton Support, New York

James D. Masterman, Greenberg Traurig, LLP, Boston

Daniel Murphy, Principal, Continuum Partners LLC, Denver

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

Joseph Roles, Joseph Roles & Associates, Inc., Plantation, Florida

Randall Alan Smith, Smith & Fawer, LLC, New Orleans

Jack R. Sperber, Faegre Baker Daniels LLP, Denver

Michael S. Sullivan, Range West Consultants, LLC, Phoenix

Joseph P. Suntum, Miller, Miller & Canby, Chartered, Rockville, Maryland

John Taylor, President, Virginia Institute for Public Policy, Verona, Virginia

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

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

John C. Williams, John C. Williams Architects LLC, New Orleans

ALI CLE Program Attorney: Thomas M. Hennessey (

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Program Schedule


8:00 a.m. Registration and Continental Breakfast

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

9:15 a.m. Eminent Domain National Law Update - Prof. Kanner and Ms. Boulris

10:00 a.m. Networking Break

10:15 a.m. The Design Build Project: The Obstacles and Solutions to an Evolving Trend - Messrs. Brigham and Roles

11:00 a.m. A Full and Perfect Equivalent for Just Compensation: The Historical Context and Practice - Prof. Ely and Mr. Thomas

12:00 p.m. Lunch Break

AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms)

  Practice Issues* Substantive Issues
1:30 p.m. Relocation: Missed Opportunities in Making the Client Whole* — Messrs. Adler, Hirsch, and Sullivan   Landlord and Tenant: Apportionment and Issues of Tension between the Parties — Ms. Gelineau
2:15 p.m. The Attorney and Expert: Adjustment and Cost to Cure in Theory and Practice* — Messrs. Smith and Williams Defining the Nature and Scope of the Taking When it is Unclear or Ambiguous — Mr. Burg

3:00 p.m. Networking and Refreshment Break

  Practice Issues* Substantive Issues
3:15 p.m. The Latest on the Keystone Pipline Project* — Mr. Ehrlich   FOIA: How to Effectively Use the Act in Eminent Domain Proceedings— Messrs. Hopkins and Lollar
4:00 p.m. iPad at Trial: Using the iPad to Enhance Your Eminent Domain Case* — Mr. Suntum Use of First and Second Generation Rents and Just Compensation: Issues Sweeping Lower and Appellate Courts throughout the Country— Ms. Autry and Messrs. Autry and Marchitelli

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)
Hospitality Committee:  Robin Gaskins, Donna R. Elliott, and Michelle Z. Malasovich


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

8:00 a.m. Ethical Pitfalls in Electronic Discovery - Mss. Fields and Handy and Mr. Waldo

9:00 a.m. Virginia's Constitutional Reform of Property Rights: Access, Business Losses, and Jury Issues; How it Came About; Pros and Cons - Messrs. Cherry, Hopkins, and Taylor

10:00 a.m. Checking the Box: Legal Protection for Appraisal Methodology in the Courtroom - Mr. Hearne

10:45 a.m. Networking and Refreshment Break

11:00 a.m. The Keys to Persuasion: How to Succeed in Mediation, Before a Jury, and In the Courtroom - Ms. Macpherson

11:45 a.m. Appraising the Utility Corridor as the Highest and Best Use - Mr. Kielish

12:30 p.m. Lunch Break

AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms)

  Practice Issues* Substantive Issues
1:30 p.m. Rearranging the Deck Chairs When the Ship is Going Down: Protecting Your Record for Appeal* — Messrs. Masterman and Rikon   Condemnation Issues in the Aftermath of Natural Disasters: Case Studies in Louisiana and New Jersey*— Messrs. Della Pelle and Smith
2:15 p.m. Redeveloping Shopping Malls through Urban Renewal Takings Post-Kelo* — Mss. Caswell and Fields Billboard Valuation: The Law and Methodology — Mr. Coyne


3:00 p.m. Networking and Refreshment Break

  Practice Issues* Substantive Issues
3:15 p.m. Issues of Title, Project Plans, or Other Matters that Can Come Back to Haunt You at Trial* — Mr. Little   The Issue of Assemblage: Probability and its Application in theLegal and Valuation Context — Mr. Webb
4:00 p.m. The Attorney and Jury Consultant: How to Work Together to Achieve Courtroom Success* — Ms. Macpherson and Mr. Waldo Authority to Proceed, Settle, and Other Legal Issues When Federal Funds are Involved in a Public Project — Ms. Handy

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


8:30 a.m. Networking Session and Continental Breakfast

9:00 a.m. Regulatory Law Update
Michael Berger

10:00 a.m. The Law of Development Exactions - Mr. Burling

11:00 a.m. Networking and Refreshment Break

11:15 a.m. National Forum: A Discussion by the Audience of Current National Issues Including the Proposal to Condemn Underwater Mortgages - Ms. Fields and Messrs. Brigham, Sperber, and Waldo

12:00 p.m. Adjournment
*Segment not recorded or webcast.

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

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE 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 legal developments

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

The course was, as usual, excellent, with well-prepared speakers and informative topics.

Course was especially good this year.  Topics were timely and speakers were excellent.  The entire conference had a good vibe and was fun.  I learned several helpful things and was given a lot of food for thought. 

I came to this program to get my CLE requirements done.  I found that this program was very clearly presented … and stimulating to myself, even though I do not practice Eminent Domain law.  The faculty, especially in the morning presentations, performed on a very high level.  The Saturday speakers were especially impressive.  This was a surprisingly informative program to one totally unfamiliar with this area of law.

The program was wonderful, as always.  I learned a lot and saw lots of friends.  I’ll be back next year.

This was my first time attending the ALI CLE 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!

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.

Great program.

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