Today, we’re joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. Professor Fennell has recently written an article for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery. In today’s interview, we have a great discussion of her article, which gives a creative and detailed analysis of the Supreme Court’s Cedar Point opinion. In particular, the article dissects the many exceptions the Court has enumerated to the newly expanded definition of a per se physical taking. We also discuss the potential practical consequences of this ruling for various intrusions of government onto and burdens upon private property. Professor Fennell’s paper: The Escape Room: Implicit Takings After Cedar Point Nursery The Supreme Court Opinion: Cedar Point Nursery vs. Hassid Professor Fennell’s book recommendation: Lakefront: Public Trust and Private Rights in Chicago by Joseph D. Kearney and Thomas W. Merrill Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know.

Eminent Domain

76. Professor Lee Fennell on Implicit Takings After Cedar Point Nursery

Casey Pipes, managing partner at the Helmsing Leach law firm in Mobile, Alabama, joins the show to discuss an emerging issue: the legislated expansion of existing utility easements to allow access by private broadband companies to install data cables. We discuss the motivation for and constitutional issues of these statutes, as well as current and potential implications for property owners. An interesting subtopic is how these issues specifically affect railroads, and what these types of statutes could mean for other private entities in the path of broadband expansion. Below are links to the case in Virginia and the FCC memo that were discussed on the show: Waldo and Lyle challenge to Virginia’s broadband statute Railroad Crossing Memorandum Casey Pipes LinkedIn profile is here: Casey on LinkedIn As noted in the Opening Argument of the podcast, Professor Diane Zahn of  Virginia Tech alerted me to an Assistant Professor opening at Virginia Tech. Teaching responsibilities include land use law, environmental law, critical areas law, and legal foundations of planning. Interested applicants can see the details at the HR site: https://careers.pageuppeople.com/968/cw/en-us/job/516325/assistant-professor-uap. Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know.

75. Casey Pipes on Broadband Expansion via Utility Easements

Steve owns and operates a construction business, and he is also a construction cost estimator with over 45 years of experience in the construction industry. He discusses the differences between a cost estimate prepared by a construction cost estimator and one prepared by an appraiser. Steve shares his thoughts on when it would be of value for a property owner or attorney to seek the expertise of a construction cost estimator. We also dive into what Steve terms the “perfect storm” of events over the last 16 months that has led to the unpredictability, shortages, and price escalation in the construction material and service markets. Contact Steve at steve@mccunecompanies.com, and learn more about his company at https://www.mccunecompanies.com/. Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know. My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/.

74. Steve McCune on Construction Costs in a Unique Time

Patrick McCallister, Right-of-Way Acquisition Manager at WSP-USA, and Beth Smith, Real Estate Specialist at Milwaukee Metro Sewage District, have founded the Eminent Domain and Right of Way Club, a discussion forum for right-of-way professionals and anyone interested in the acquisition of land rights for infrastructure projects. They join us today to discuss how the group started, the value of connecting with fellow professionals in the industry, and future plans for the group. Facebook Group: https://www.facebook.com/eminentdomainRWClub Patrick on LinkedIn: https://www.linkedin.com/in/patrick-mccallister-sr-wa-88798528/ Beth on LinkedIn: https://www.linkedin.com/in/bethmassey/ Search "Eminent Domain" on the Clubhouse Drop-In Audio app to join the group.

Patrick McCallister and Beth Smith, Founders of the Eminent Domain and Right of Way Club

Ivy Cadle, shareholder of the Baker Donelson law firm in their Atlanta and Macon, GA offices, joins us to discuss condemnation clauses in commercial leases. Ivy emphasizes that the lease will dictate a lessee’s approach to the case, and we touch on some of the important factors in that approach, including notice provisions and division of settlements. Check out Ivy’s excellent webinar on condemnation clauses: https://www.bakerdonelson.com/webinar-commercial-leases-and-takings-how-to-leverage-your-rights-in-eminent-domain-cases Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know. My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/  

72. Ivy Cadle on Condemnation Clauses in Commercial Leases

  FERC expert Carolyn Elefant joins us to discuss the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey.  As always, she brings great insight.  This case discusses, among other things, the balance between state rights and the federal power to condemn.  A copy of the opinion can be found here: https://www.supremecourt.gov/opinions/20pdf/19-1039_8n5a.pdf We discuss Carolyn’s blog site, My Shingle, which can be found here: https://myshingle.com/ Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know. My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/

71. Carolyn Elefant Discusses PennEast Pipeline Co. v. New Jersey

Business development expert and guru Steve Fretzin joins the podcast to discuss how to find and build relationships with clients.  As eminent domain professionals, we have decided what types of clients we want to target.  Steve talks about the practices we can undertake to find those clients and building lasting relationships.

70. Steve Fretzin Discusses Finding The Right Clients

Professor Josh Blackman of the South Texas College of Law joins us for Episode 69 of the podcast to discuss the Cedar Point Nursery v. Hassid case recently released by the U.S. Supreme Court.  Here is a link to the case:  https://www.supremecourt.gov/opinions/20pdf/20-107_ihdj.pdf

69. Professor Josh Blackman Discusses Cedar Point Nursery

Robert Thomas of inversecondemantion.com and the Pacific Legal Foundation returns for Episode 68 of the podcast to discuss current cases to know.  

68. Robert Thomas Returns

Episode 67 of the podcast focuses on how our juries might view institutions and experts differently now than they did before the Covid-19 pandemic.  Do we have to present experts differently than we did before?   This episode also discusses corridor valuation theory and a case pending in Texas that may change the law in this area called Hvalinka v. HSC Pipeline Partnership, LLC, 605 S.W.3d 819 (Tex.App.-Houston[1st Dist.] 2020, pet. pending). Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know.

67. Discussion of Trying Cases As Trust Erodes and Corridor Valuation Theory

In Episode 66 of the podcast,  my friend and law partner, Jody Sodd McSpadden, joins to discuss her wisdom for seeking excellence while being a very involved lawyer, mom, spouse, and community leader.  She shares some outstanding wisdom and I'm pleased she was willing to share it with the podcast audience.  Of particular interest to me was her discussion about differentiating between passion and anger when advocating for a client.  

66 - Jody Sodd McSpadden Discusses Striving for Excellence in all Arenas of Life

Daniel Garodnick joins to discuss the incredible true story of how one middle class community defeated the largest residential real estate deal in American history. Lifetime New York City resident and former City Councilman Dan Garodnick recounts how his neighbors stood up to mammoth real estate interests and successfully fought to save their homes, delivering New York City's biggest-ever affordable housing preservation win.  His story has been recorded in the recently released book Saving Stuyvesant Town: How One Community Defeated the Worst Real Estate Deal in History.  

65. Daniel Garodnick Tells the Story of Saving Stuyvesant Town

Adam Sanders of Baker Donelson joins to discuss cases involving governmental takings of privately-owned utilities.  Adam shares issues that arise in these cases, including how such entities are valued.  At the end of the interview, Adam shares his experience about selling Bitcoin way too early and his initial reluctance to entering the field of law.

64. Adam Sanders Discusses Takings of Privately-Owned Utilities

Matt Hurt of Dawson & Sodd joins to share stories about picking juries.  One of the cases that Matt discusses is State v. Johnson.  The appellate decision can be found here: https://casetext.com/case/state-v-johnson-5435 As a civil engineer, Matt also shares some thoughts about engineering issues that arise in eminent domain cases. Matt's bio can be found here: https://www.dawsonsodd.com/attorneys/matt-hurt/ Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know.

63. Stories About Picking Juries with Matt Hurt

In Episode 62 of the podcast,  Anthony DellaPelle of McKirdy Riskin Olson & DellaPelle in Morristown, NJ joins to discuss the current status of Covid-related takings litigation.  Tony's recent article on the subject published by the ABA can be found here: https://www.americanbar.org/groups/litigation/committees/real-estate-condemnation-trust/articles/2021/is-covid-19-still-a-public-health-emergency/ Some cases discussed during the podcast: Armstrong v. U.S. Home Building & Loan Ass'n v. Blaisdell Wisconsin Legislature v. Palm Elkhorn Baptist v. Brown County of Butler v. Wolf South Bay Penecostal v. Newsom Calvary Chapel v. Sisolak Roman Catholic Diocese v. Cuomo

The Current Status of Covid Related Takings Litigation

The Eminent Domain Podcast covers topics about condemnation and property rights law from the most influential players in the eminent domain community.

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Eminent Domain

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