In this final and farewell episode of the podcast, we reflect on the many guests and therefore perspectives that we have had on the show, and the important issues we have discussed over the last several years. There is also a behind-the-scenes story from the early years of the podcast. Thank you to all the guests and listeners who have made this podcast possible. It has been a great joy and pleasure. Old episodes will remain accessible at www.eminentdomainpodcast.com. Farewell.
Podcast Episode 128: Farewell Episode – In this final and farewell episode of the podcast, we reflect on the many guests and therefore perspectives that we have had on the show, and the important issues we have discussed over the last several years. There is also a behind-the-scenes story from the early years of the podcast. Thank you to all the guests and listeners who have made this podcast possible. It has been a great joy and pleasure. Farewell.
Podcast Episode 127: Robert Thomas on Eminent Domain Cases to Watch and the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference – Robert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February.
Podcast Episode 126: Brandi Kellam and Louis Hansen on the Displacement of the Shoe Lane Community – Investigative journalists Brandi Kellam and Louis Hansen have uncovered the story of the Shoe Lane community in Newport News, Virginia, a middle-class black neighborhood that has been largely displaced and thwarted in its plans for growth by the establishment and expansion of a local university. Louis and Brandi’s work underlines the true impacts of community displacement in the wake of eminent domain, and the groups who disproportionately suffer those impacts.
Podcast Episode 125: Professor Shelley Ross Saxer on Inverse Condemnation Claims in Hawaii Wildfire Litigation – Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters such as the recent Hawaii wildfires.
Podcast Episode 124: Stephen Clarke on Important Considerations in Settlement Agreements – The overwhelming majority of eminent domain cases settle, and Stephen Clarke of the Waldo & Lyle law firm in Virginia joins the show today to share insights on negotiating and documenting settlement agreements effectively. We also talk about his most recent appearance on the game show Jeopardy!
Podcast Episode 123: Matthew Ackerman on Subjective Losses in Takings – Matthew Ackerman of the Ackerman & Ackerman law firm in Michigan joins the show to discuss what he has called “the pitfalls of objectively measured just compensation” – in other words, the ways in which fair market value may not make a property owner whole in the wake of a taking. Matthew also dives into potential reforms to address the intangible losses common in takings.
Podcast Episode 122: Jim Lang on Sackett v. EPA – James Lang of the Pender & Coward law firm joins the podcast to talk about the recent U.S. Supreme Court decision in Sackett v. EPA. He also discusses the historical definitions used for the term “waters of the U.S.,” important in understanding the jurisdiction of the federal government to regulate land under or adjacent to waterways.
Podcast Episode 121: Deborah La Fetra on FOMB for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa – Deborah La Fetra of the Pacific Legal Foundation joins us to talk about the case of Financial Oversight and Management Board for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa, a unique case where the boundaries of just compensation and governmental restructuring collide. Deborah and PLF served as counsel for several of the unpaid property owners.
Podcast Episode 120: Will Thomsen on the Valuation of Business Goodwill – In some jurisdictions, the loss of business goodwill is compensable in condemnation cases. Chartered Financial Analyst and Accredited Senior Appraiser Will Thomsen joins the show to discuss the factors that contribute to business goodwill, how he measures the impact of a taking on business goodwill, the evidence he relies on to support his valuations, and common challenges to appraising business goodwill in a condemnation case.
Podcast Episode 119: David Koller on Machinery and Equipment Valuation – David Koller of Cushman & Wakefield’s Chicago office joins the show to discuss his specialization of machinery and equipment valuation. We talk about the methodology involved, some unique examples of his work, how equipment appraisers collaborate with other professionals in the valuation process, and David’s advice to property owners with a need for machinery and equipment valuation.
Podcast Episode 118: Elizabeth Larrick on Preparing Witnesses for Deposition – Personal injury attorney and trial consultant Elizabeth Larrick joins the show to share her wisdom on preparing witnesses for deposition. We talk about assessing the strengths and weaknesses of witnesses, using preparation time effectively, the tools and technology she finds useful, and encouraging hesitant clients. Elizabeth’s expertise is invaluable, and she shares an experience that illustrates our highest calling as trial lawyers – empowering our clients to tell their own stories.
Podcast Episode 117: Corridor Preservation – Valuation Issues Posed by Efforts to Restrict Development in Future Highway Corridors with Richard Marchitelli and Cory Savik – Richard Marchitelli and Cory Savik join the podcast to talk about their work in a series of inverse condemnation cases arising in North Carolina when the State sought to restrict or prohibit development within corridors where they planned future projects.
Podcast Episode 116: Brad Kuhn on Trying an Eminent Domain Case – Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence. There are some great nuggets of wisdom.
Podcast Episode 115: Mike Schopmeyer and Michael DiRienzo’s Post-Kelo Victory in Indiana – Mike Schopmeyer and Michael DiRienzo of Kahn, Dees, Donovan & Kahn, LLP in Evansville, Indiana join the show to talk about a case that they recently completed and took through appeal called Guzzo v. Town of St. John. It is an interpretation of Indiana’s post-Kelo legislation and also involves issues of highest and best use. Since the recording of this DiRienzo headshot podcast, the Indiana Supreme Court denied further review in this case, making the decision of the Court of Appeals that we discussed on the podcast the final law in the case.
Podcast Episode 114: Jon Houghton and his Penn Central Quest – In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the Penn Central test, why he wants to change it, and what he is doing about it. We also discuss NY Jets football and the big Aaron Rodgers trade.
Podcast Episode 113: Friction in the Negotiation Process – This episode is the audio from a presentation given to the local International Right of Way Association on the topic of obstacles that arise in negotiations. It is a candid discussion about issues that arise on either side of an eminent domain negotiation that create friction.
Podcast Episode 112: Kady Valois on the Importance of Easement Language – Kady Valois of Pacific Legal Foundation joins to discuss the recent case of Behrens v. United States from the Federal Circuit. This is a rails-to-trails case where the outcome hinged on the language of an old easement. The issues in this case have applicability in many types of cases involving the acquisition of easement rights.
Podcast Episode 111: Authenticity as an Eminent Domain Trial Lawyer – The person who is unafraid to show their authentic self is a powerful advocate. Authenticity gives us greater empathy for our clients, for the jury, even for opposing witnesses. Today’s episode is about identifying our core values and understanding our authentic self – important processes for excelling in all areas of life, including the honorable task of speaking for our clients.
Podcast Episode 110: Chris Clough on a Taking at the Austin Airport – Chris Clough, Managing Partner for Barron, Adler, Clough and Oddo, PLLC in Austin, Texas joins us to talk about an eminent domain case involving the Austin airport. The Special Commissioners awarded Chris’s client $90 million. We also talk about Texas condemnation procedure, as well as how he got into the eminent domain practice area.
Podcast Episode 109: Paris, Texas with Sydney Young – In this episode, Sydney Young joins to talk about her hometown of Paris, Texas, and the effect of an expansion of its main roadway, Loop 286. She also talks about how title companies work (she owns one!).
Podcast Episode 108: Special Joint Episode with the Infrastructure Junkies – Mayor Steve Adler – This special joint episode of the Eminent Domain Podcast and the Infrastructure Junkies features civil rights lawyer turned eminent domain lawyer turned major city mayor, Steve Adler. The former mayor of the City of Austin joins us to talk about his perspective on eminent domain from someone that has seen it from all sides. He shares stories from his time as Mayor, including passing a historic funding package for new infrastructure and trying to tackle the ever-growing issue of homelessness.
Podcast Episode 107: Kevin Twining on Project Financing – Kevin Twining, a partner in Locke Lord, LLP’s Dallas office and co-chair of the firm’s public finance group, joins us to discuss financing for large infrastructure projects. Sometimes that means accessing the public markets, sometimes it means financing through private banks. Kevin gives us a look behind the curtain to see how public entities acquire the funds for the projects that eminent domain practitioners work on.
Podcast Episode 106: Professor Jessica Asbridge on Private Delegations of the Eminent Domain Power – Professor Jessica Asbridge of Baylor Law joins the podcast to discuss her new law review article addressing the private delegation of the eminent domain power. We have an insightful conversation that concerns the law and policy around private companies, such as pipelines, that exercise the eminent domain power, why that exercise is often subject to scant regulation, and the effect of that lack of oversight. Professor Asbridge also suggests language from, of all places, the Kelo decision that might be helpful in considering a private entity’s right to take property.
Podcast Episode 105: Holiday Special 2022 – Many thanks to our twelve past podcast guests who joined to share some special memories and traditions from holidays in the past, or events they are looking forward to this year. This was some great content, and I hope it will spur your own sweet memories, or maybe give you ideas for time with friends or family this year.
Podcast Episode 104: Shane Rayman on Annapolis Group, Inc. v. Halifax Regional Municipality – Shane Rayman of Rayman Harris LLP in Toronto, Ontario joins the show to discuss a recent case out of the Supreme Court of Canada, Annapolis Group, Inc. v. Halifax Regional Municipality. Shane served as counsel for the Canadian Home Builders’ Association, an intervenor in the case. The case deals with regulatory takings, and we discuss Canadian law around such takings. Shane makes a compelling case for why someone who is not impacted by a regulatory taking should care about someone else who is, and this leads to a discussion about Canada’s non-constitutional protections of property rights in contrast to the constitutional protections of the United States.
Podcast Episode 103: Pike Off OTA Leaders Share Their Mission – oday, we are joined by the leaders of Pike Off OTA, a grass-roots organization formed initially to prevent the development of two proposed turnpikes, the East-West Corridor and the South Extension, that are in the vicinity of Oklahoma City. Dr. Michael Nash, President, Whitney Mullica, Vice-President, and Dr. Amy Cerato, Board Member, talk to us about why they formed the organization and how their mission has expanded to oppose what they believe to be the overreach of the Oklahoma Turnpike Authority. We learn about the potential environmental and societal impacts of these turnpikes and how Pike Off OTA is mobilizing in opposition to the project.
James Singer on Dr. H. Phillip Venable and “Reckoning in Creve Coeur” – James Singer, a labor and employment attorney at the law firm of Schuchat, Cook & Werner in St. Louis, Missouri and winner of the Owners’ Counsel of America’s Crystal Eagle Award, joins the show today to tell the important and compelling story of Dr. H. Phillip Venable, who lost his home to a racially motivated condemnation action by the City of Creve Coeur, Missouri in the late 1950s. Mr. Singer’s extensive research and community engagement played a large role in efforts that eventually led to the City publicly acknowledging and memorializing its history. Dr. Venable’s story is that of an inspiring individual, as well as a cautionary tale of the potential abuses of public power.
Podcast Episode 99: Jon Houghton on Regulatory Takings – In Episode 99 of The Eminent Domain Podcast, host Clint Schumacher and guest Jon Houghton of Pacific Legal Foundation discuss regulatory takings. Jon is a true expert in this complex area of law and is able to break it down into understandable pieces. He explains how to assess when a regulation has risen to the level of a taking, as well as regulatory taking issues and cases.
Podcast Episode 98: Anthony Alderman on Eminent Domain in Pop Culture – In Episode 98 of Clint Schumacher’s Eminent Domain Podcast, guest Anthony Alderman stops by to discuss depictions of eminent domain in popular culture, which in many cases is the only previous exposure a juror has to condemnation law. They also discuss what makes appraising for eminent domain acquisitions different from other appraisal projects as well as current issues in the appraisal field. Alderman, MRICS, SR/WA, CRE, is Senior Managing Director within the Valuation & Advisory service line at Cushman & Wakefield.
Podcast Episode 97: Jeffrey Redfern: Baker v. City of McKinney, Texas – Police Power and Eminent Domain – In Episode 97 of The Eminent Domain Podcast, host Clint Schumacher is joined by guest Jeffrey Redfern, of the Institute for Justice. They discuss Baker v. City of McKinney, which Jeffrey tried and won in June in the Eastern District of Texas. The case stemmed from an incident in July 2020 in which SWAT raided a McKinney woman’s home to apprehend a fugitive who had holed up there. The raid resulted in severe damage to the property. In this episode, Jeffrey shares how this court arrived at a decision that differed from the Tenth Circuit ruling in Lech v. Jackson. He also shares invaluable insights on voir dire.
Podcast Episode 96: Chad Griffiths on the Industrial Real Estate Market – In Episode 96 of The Eminent Domain Podcast, host Clint Schumacher is joined by Chad Griffiths, host of The Industrial Real Estate Podcast, who shares insights into the industrial real estate market.
Clint and Chad discuss a range of topics, including:
- How the drive for “last mile fulfillment” may not mean big box takeovers
- The current state of the industrial market
- The relationship between cap rates and interest rates
- The growing prevalence of industrial developments in visible locations
Podcast Episode 95: Stephen Clarke on Jeopardy! – Check out Episode 95 of The Eminent Domain Podcast with host Clint Schumacher and guest Stephen Clarke. Clark, of the Waldo & Lyle law firm in Virginia, is not only an eminent domain expert — he is also an official Jeopardy! contestant and winner. During this episode, Stephen gives listeners a behind-the-scenes look at the qualification process and what it was like to film the show.
Podcast Episode 94: Property Rights Leaders Roundtable – Tune in to Episode 94 of Clint Schumacher’s Eminent Domain Podcast! This special episode brings together the leaders of three important national property rights organizations:
- Dana Berliner, Senior Vice President and Litigation Director for the Institute for Justice
- James Burling, Vice President of Legal Affairs for Pacific Legal Foundation
- Leslie Fields, Executive Director of the Owners’ Counsel of America
In the episode, the three guests share how they got started in eminent domain and property rights, the landmark cases that have shaped their careers, and issues and cases on the horizon for their organizations.
Podcast Episode 93: Philip Hundl on the Matterhorn Express Pipeline – Tune in to Episode 93 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Clint is joined by eminent domain expert Philip Hundl for a discussion on the Matterhorn Express Pipeline. This recently approved project will span 490 miles across Texas, affecting hundreds of landowners. Clint and Philip talk about what questions property owners should ask when their land is being acquired for a pipeline. They also discuss what to look for in a proposed form of easement.
Podcast Episode 92: 10 Questions to Ask Before Hiring a Lawyer with Jason Sodd – In Episode 92 of The Eminent Domain Podcast, host Clint Schumacher sits down with fellow Dawson & Sodd law partner Jason Sodd to discuss 10 important questions you should ask when choosing a lawyer with eminent domain expertise. Knowing these questions and why to ask them can help empower and educate property owners in the often daunting eminent domain process.
Podcast Episode 91: Daniel Woislaw – What Fifth Amendment Lawyers Need to Know about the Fourth Amendment – In Episode 91 of The Eminent Domain Podcast, guest Daniel Woislaw of Pacific Legal Foundation stops by to discuss how civil rights and property rights intersect. Their discussion covers when a search and seizure can cross the line to a taking; how the U.S. Supreme Court has considered property interests in a Fourth Amendment context; and the Fourth Amendment issues that eminent domain attorneys need to understand when assessing a matter.
Podcast Episode 90 – Christina Martin on Home Equity Theft – Tune in to Episode 90 of The Eminent Domain Podcast! In this episode, host Clint Schumacher is joined by guest Christina Martin, a Senior Attorney at the Pacific Legal Foundation. They discuss what she calls “home equity theft” — the practice in some states of a taxing jurisdiction foreclosing on a tax lien and, forfeiting all of the owner’s remaining equity in the property — no matter how small the lien or how large the equity. The most likely victims of “home equity theft” are the most vulnerable in our society. Christina discusses where and why this happens as well as why she is motivated to stop it.
Podcast Episode 89 – Special Joint Episode with the Infrastructure Junkies: Jeremy Young on the Infrastructure Investment and Jobs Act – In this special episode, Clint teams up with the Infrastructure Junkies to interview Jeremy Young, of Roetzel & Andress in Ohio, about the Infrastructure Investment and Jobs Act. Topics of discussion include: what is considered infrastructure; how money is allocated, prioritized, and appropriated; and how to learn more without reading all 1,039 pages.
Podcast Episode 88 – Scott Heiart and Michael Ash: Coming Together from Across the Eminent Domain Aisle – In episode 88 of The Eminent Domain Podcast, host Clint Schumacher is joined by Scott Heiart and Michael Ash of Carlin, Ward, Ash & Heiart in Florham Park, New Jersey. Scott and Michael explain the unique aspects of redevelopment law in New Jersey; discuss how these two came together from opposite sides of the aisle to represent property owners; and delve into the importance of combining zealous advocacy with professionalism and courtesy.
Podcast Episode 87 – Jeremy Hopkins on Identifying the Issues in an Eminent Domain Matter – In Episode 87, Clint is joined by guest Jeremy Hopkins, of Cranfill Sumner in Raleigh. They discuss identifying what Jeremy calls the “Big 3” categories of issues in eminent domain cases. He also explains the unique elements of condemnation law in North Carolina and discusses his work on the legislative side protecting property rights in Virginia and Utah.
Podcast Episode 86 – Christina Thoreson on Explaining Appraisal Information to a Jury – In Episode 86 of The Eminent Domain Podcast, host Clint Schumacher and guest Christina Thoreson, SR-WA, MAI, CRE, discuss appraisals and the valuation process, as well as how this information can be presented to a jury. Christina offers examples of tips she uses when giving testimony. They also discuss pandemic-related changes to the appraisal industry.
Podcast Episode 85 – Bob Grace: Capitalization Rates – What Are They and How to Explain Them – In Episode 85 of The Eminent Domain Podcast, host Clint Schumacher and guest Bob Grace, MAI, CRE discuss capitalization rates. Find out what a cap rate is and hear their thoughts on how to explain this nebulous concept to a jury. This episode was recorded during the national Eminent Domain and Land Valuation Litigation Conference earlier this year.
Podcast Episode 84 – Professor Julia Mahoney on Cedar Point Nursery – In Episode 84 of The Eminent Domain Podcast, Professor Julia Mahoney of the University of Virginia School of Law joined Clint Schumacher live at the ALI-CLE Eminent Domain and Land Valuation Litigation conference in Scottsdale to discuss last year’s Supreme Court decision in Cedar Point Nursery v. Hassid. Their discussion covers the general direction of this Court’s decisions, as well as thoughts on what may be coming up for property rights at the U.S. Supreme Court.
Podcast Episode 83 – Josh Baker on Valuing Temporary Easements – In to Episode 83 of The Eminent Domain Podcast, flash back to January’s 2022 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Scottsdale, Arizona, where guest Josh Baker joined host Clint Schumacher live to talk about temporary construction easements and how to value them. Baker, a partner at the Waldo & Lyle law firm in Virginia, highlights important considerations when applying market principles to what can be an indefinite burden on the property.
Podcast Episode 82 – Bob Belden on Contesting an Economic Development Taking in New York – In Episode 82 of the Eminent Domain Podcast, host Clint Schumacher is joined by Bob Belden of the Institute for Justice. They discuss a matter out of Onondaga County, New York, in which Burnet Road community homeowners are fighting for their property against a taking for a prospective transaction with a manufacturing facility. Bob tells us about the Burnet Road community, explains how this situation is similar to Kelo v. City of New London, and the current legal environment on economic development takings in the State of New York.
Podcast Episode 81 – Professor Emilio Longoria on the Problematic Police Power Exemption after Lech v. Jackson – In Episode 81 of The Eminent Domain Podcast, Clint Schumacher is joined by Professor Emilio Longoria of St. Mary’s University School of Law. They discuss Professor Longoria’s recent article, “Lech’s Mess with the Tenth Circuit: Why Governmental Entities Are Not Exempt from Paying Just Compensation When They Destroy Property Pursuant to Their Police Powers.” Professor Longoria gives an overview of the facts of Lech v. Jackson and explains his criticism of the court’s opinion. He also discusses where he thinks the court went wrong in its application of three key Supreme Court cases cited in the opinion.
Podcast Episode 80 – Holiday Special – In this episode of Clint Schumacher‘s Eminent Domain Podcast, past guests and friends share their favorite holiday traditions. Also, Robert Thomas talks about what to expect from the 2022 Eminent Domain and Land Valuation Litigation Conference. Thanks to Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, Adam Sanders, and Robert Thomas for contributing.
Podcast Episode 79 – Judge Andrew Edison on the Legacy of Robert Moses – Tune in to Episode 79 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Clint is joined by U.S. Magistrate Judge Andrew Edison. Judge Edison has dedicated a considerable amount of time and research to the life and legacy of Robert Moses. Moses was a former Parks Commissioner who had a significant impact on New York City’s infrastructure development over half a century. In many ways, his career provides a study of the impact of eminent domain on different socio-economic communities.
Judge Edison’s understanding of Moses’ legacy is relevant to today’s discussions on the possible intended and inadvertent effects of the infrastructure bill currently under debate. In this interview, Clint and Judge Edison discuss the book “The Power Broker: Robert Moses and the Fall of New York” by Robert Caro.
Podcast Episode 78 – Phil Sever, Tonny Storey, and Jordan Walker on Asbury vs EQT – A Class-Action Inverse Condemnation Case – Tune in to Episode 78 of Clint Schumacher’s Eminent Domain Podcast! Guests Phil Sever, Tonny Storey, and Jordan Walker, eminent domain attorneys of Indianapolis-based Sever Storey, LLP, join the show to discuss a class-action lawsuit involving inverse condemnation claims. The case, related to the use of underground caverns for natural gas storage, was recently certified by a federal court in Pennsylvania.
Podcast Episode 77 – Jay Small on the National Eviction Moratorium as a Potential Taking – In Episode 77 of The Eminent Domain Podcast, host Clint Schumacher is joined by guest Jay Small, an eminent domain attorney with Mateer Harbert in Orlando. Clint and Jay discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services and whether this case opened the door to challenging the moratorium as a compensable taking. They also discuss the Court’s citation of Loretto, the shift of economic risk to landlords, and what Jay notes is a curious omission of Yee v. City of Escondido.
Podcast Episode 76 – Professor Lee Fennell on Implicit Takings After Cedar Point Nursery – In Episode 76 of the Eminent Domain Podcast, host Clint Schumacher is joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. The episode covers an article Fennell recently wrote for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy.
The article, entitled “Escape Room: Implicit Takings After Cedar Point Nursery,” gives a creative and detailed analysis of the Supreme Court’s Cedar Point opinion. This includes a dissection of the many exceptions the Court has enumerated to the newly expanded definition of a per se physical taking. They also discuss the potential practical consequences of this ruling for various intrusions of government onto and burdens upon private property.
Podcast Episode 75 – Casey Pipes on Broadband Expansion via Utility Easements – In Episode 75 of Clint Schumacher’s Eminent Domain Podcast, Casey Pipes stops by to discuss the legislated expansion of existing utility easements to allow access by private broadband companies to install data cables.
Clint and Casey, managing partner of Helmsing Leach in Mobile, Alabama, discuss why these laws were passed and the constitutional issues they raise, including the current and potential repercussions for property owners. Among the interesting subtopics covered are how these issues specifically affect railroads and what such statutes could mean for other companies planning on expanding broadband services.
Podcast Episode 74 – Steve McCune on Construction Costs in a Unique Time – In Episode 74 of The Eminent Domain Podcast, host Clint Schumacher is joined by Steve McCune for a discussion on the differences between a cost estimate prepared by a construction cost estimator and one prepared by an appraiser.
McCune owns and operates a construction business and is a construction cost estimator with over 45 years of experience in the industry. He 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. Clint and Steve also talk about what Steve terms the “perfect storm” of events over the last 16 months that has led to unpredictability, shortages, and price escalation in the construction material and service markets.
Podcast Episode 73 – Patrick McCallister and Beth Smith, Founders of the Eminent Domain and Right of Way Club – In Episode 73 of The Eminent Domain Podcast, Clint Schumacher is joined by Patrick McCallister, Right-of-Way Acquisition Manager at WSP-USA, and Beth Smith, Real Estate Specialist at Milwaukee Metro Sewage District, who founded the Eminent Domain and Right of Way Club.
The Eminent Domain and Right of Way Club is a discussion forum for right of way professionals and anyone interested in the acquisition of land rights for infrastructure projects. McCallister and Smith discuss the group’s beginnings, the value of networking with fellow industry professionals, and their future plans for the group.
Podcast Episode 72 – Ivy Cadle on Condemnation Clauses in Commercial Leases – Tune in to Episode 72 of the Eminent Domain Podcast. Host Clint Schumacher is joined by guest Ivy Cadle for a discussion on condemnation clauses in commercial leases. Ivy, shareholder of the Baker Donelson law firm in their Atlanta and Macon, GA offices, notes that the lease will dictate a lessee’s approach to the case. They also discuss some of the key elements of that approach, such as notice provisions and division of settlements.
Podcast Episode 71 – Carolyn Elefant Discusses PennEast Pipeline Co. v. New Jersey – Tune in to Episode 71 of Clint Schumacher’s Eminent Domain Podcast! Guest Carolyn Elefant, an expert on the Federal Energy Regulatory Commission, offers great insight on the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey. Among other things, the case addresses the balance between state rights and the federal power to condemn.
Podcast Episode 70 – Steve Fretzin Discusses Finding The Right Clients – In Episode 70 of Clint Schumacher’s Eminent Domain Podcast, business development expert Steve Fretzin discusses how to find and build relationships with clients. As eminent domain attorneys, we are targeting a specific type of client. Steve discusses the strategies we can use to find those clients and build strong relationships.
Podcast Episode 69 – Professor Josh Blackman Discusses Cedar Point Nursery – In Episode 69 of the Eminent Domain Podcast, host Clint Schumacher is joined by Josh Blackman of the South Texas College of Law for a discussion on the Cedar Point Nursery v. Hassid case recently released by the U.S. Supreme Court.
Podcast Episode 68 – Robert Thomas Returns to Discuss Current Cases to Know – In Episode 68 of Clint Schumacher’s Eminent Domain Podcast, guest Robert Thomas returns to discuss current eminent domain cases to know, including:
- City of West Chicago v. Pietrobon
- Cedar Point Nursery v. Hassid
- Bayou Bridge Pipeline v. 38 Acres
- Christus Lutheran Church of Appleton v. Wisconsin Department of Transportation
Podcast Episode 67 – Discussion of Trying Cases As Trust Erodes and Corridor Valuation Theory – Tune in to Episode 67 of the Eminent Domain Podcast to hear Clint Schumacher’s discussion on how juries’ views on institutions and experts may have changed from before the Covid-19 pandemic. Should experts be presented differently than they were before? Also discussed is a pending case in Texas — Hvalinka v. HSC Pipeline Partnership, LLC, 605 S.W.3d 819 (Tex.App.-Houston[1st Dist.] 2020, pet. pending) — and how it may change the law in the area of corridor valuation theory.
Podcast Episode 66 – Jody Sodd McSpadden Discusses Striving for Excellence in all Arenas of Life – Dawson & Sodd partner Jody Sodd McSpadden joins Clint Schumacher for Episode 66 of his Eminent Domain Podcast. She discusses her wisdom for seeking excellence while being a very involved lawyer, mom, spouse, and community leader. Clint was particularly interested in her discussion about differentiating between passion and anger when advocating for a client.
Podcast Episode 65 – Daniel Garodnick Discusses Saving Stuyvesant Town – In Episode 65 of Clint Schumacher’s Eminent Domain Podcast, guest Daniel Garodnick stops by to discuss the remarkable true story of how one middle class community defeated the largest residential real estate deal in American history. Garodnick is a lifetime New York City resident and former City Councilman. On the podcast, he recounts how his neighbors successfully fought to save their homes, delivering New York City’s biggest-ever affordable housing preservation win. His story was recorded in the recently released book Saving Stuyvesant Town: How One Community Defeated the Worst Real Estate Deal in History.
Podcast Episode 64 – Takeovers of Privately-Owned Utilities with Adam Sanders – Tune in to Episode 64 of Clint Schumacher’s Eminent Domain Podcast! In this episode, guest Adam Sanders of Baker Donelson discusses cases that involve governmental takings of privately-owned utilities and issues that arise in these cases, such as how these entities are valued. He also shares his experience with selling Bitcoin way too early, his initial reluctance to entering the field of law, and his love of the Criterion Channel.
Podcast Episode 63 – Stories about Picking Juries with Matt Hurt – Tune in to Episode 63 of Clint Schumacher’s Eminent Domain Podcast, as Dawson & Sodd partner Matt Hurt shares stories about picking juries. Matt, a civil engineer, also shares some thoughts about engineering issues that arise in eminent domain cases.
Podcast Episode 62 – The Current Status of COVID-Related Takings Litigation – In Episode 62 Clint Schumacher’s Eminent Domain Podcast, guest Anthony DellaPelle — of McKirdy Riskin Olson & DellaPelle in Morristown, NJ — stops by to discuss the current status of takings litigation related to COVID.
Podcast Episode 61 – A Conversation Between Two Clints – Tune in to Episode 61 of Clint Schumacher’s Eminent Domain Podcast! This episode is hosted by Clint — but not the usual one! Clint Harbour of the Texas Attorney General’s Office takes the podcast host chair in this episode and interviews Clint Schumacher. The Clints share a few stories and offer some insights for other attorneys.
Podcast Episode 60 – Robert Thomas Discusses the 2021 Eminent Domain Conference – Tune in to Episode 60 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Clint is joined by Robert Thomas to discuss changes to the 2021 ALI-CLE Eminent Domain Conference, which was held virtually in January. Thomas is an author and attorney whose practice focuses on property, takings, eminent domain, and appellate law.
Podcast Episode 59 – A Story About a Taking for a Highway Rest Stop with Justin Hodge – Join Clint Schumacher for Episode 59 of his Eminent Domain Podcast! In this episode, guest Justin Hodge discusses a story of his best friend’s dad showing up a veniremen in condemnation case, Justin’s mentors, and more.
Podcast Episode 58 – Outdoor Advertising Signs with Richard Rothfelder – In Episode 58 of Clint Schumacher’s Eminent Domain Podcast, Richard Rothfelder stops by to discuss how the law treats and values outdoor advertising signs in eminent domain cases.
Podcast Episode 57 – The Pendulum Land Team – Tune in to Episode 57 of Clint Schumacher‘s Eminent Domain Podcast! In this episode, Clint is joined by Dave Arnold, Ross Greene, Kristen Bennett, and Carrilin Hirsch — the hosts and personalities behind the Pendulum Land Podcast. They discuss condemnation from the condemnor’s viewpoint, as well as some Texas culture, Virginia food, and what they would put on a billboard.
Podcast Episode 56 – Professor David Callies Discusses Regulatory Takings After Knick – In Episode 56 of Clint Schumacher’s Eminent Domain Podcast, Clint is joined by Professor David Callies. They discuss Callies’ new book, “Regulatory Takings After Knick.”
Podcast Episode 55 – Alan Ackerman discusses Right to Take and County of Wayne v. Hathcock – Tune in for Episode 55 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Clint is joined by Alan Ackerman, who shares the story of the right to take case of County of Wayne v. Hathcock from the Michigan Supreme Court. Clint and Alan have a wide ranging discussion that touches on such topics as federalism, the role of stare decisis, the interstate commerce clause and more.
Podcast Episode 54 – The Emotions of An Eminent Domain Case with Stephen Clarke – Check out Episode 54 of Clint Schumacher’s Eminent Domain Podcast as Stephen Clarke shares a story about a client who fibbed about his life history and the reaction of his clients to the cancellation of Atlantic Coast Pipeline. Stephen also introduces Clint introduce to the boardgame “Settlers of Catan.”
Podcast Episode 53 – The Ruling in Alleghany Defense Fund v. FERC with Carolyn Elefant – Check out Episode 53 of Clint Schumacher‘s Eminent Domain Podcast, in which Carolyn Elefant returns to discuss the D.C. Circuit’s ruling in Alleghany Defense Fund v. FERC. This case considered the question of whether the Federal Energy Regulatory Commission can play “four corners” with the administrative review process to effectively moot a challenge to FERC approval.
Podcast Episode 52 – Trying Pipeline Cases with Luke Ellis and Tyler Milton – Tune in to Episode 52 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Luke Ellis and Tyler Milton join Clint to share stories and tips about trying pipeline condemnation cases. This is a great episode full of tales about impromptu jokes, Dallas Cowboy football, and crying during voir dire!
Podcast Episode 51 – Lessons Learned With Clay Beard – Tune into Episode 51 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Clint is joined by fellow partner at Dawson & Sodd Clay Beard to talk about three trial stories and the lessons Clay took away from each of them. These are entertaining stories that also offer important practice pointers! Don’t miss the end of the podcast in which Clay also shares one of his favorite hunting stories.
Podcast Episode 50 – Are Covid-19 Regulations Takings? – Join eminent domain attorney Clint Schumacher and his guest “The Professor” Robert Thomas for Episode 50 of the Eminent Domain Podcast as they discuss whether COVID-19 related regulations are takings and how they will be analyzed under existing law.
Podcast Episode 49 – Thor Hearne Discusses Railroad and Pipeline Easements and the St. Bernard Parish Case – Tune in for Episode 49 of Clint Schumacher’s Eminent Domain Podcast! Clint talks with Thor Hearne as part of the “War Stories” series, and Thor shares various cases from his career, including cases involving railroad and pipeline easements and the St. Bernard Parish flooding case.
Podcast Episode 48 – Fighting the Swan with Josh Baker – Tune in for Episode 48 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Clint is joined by Virginia attorney Josh Baker, who shares a funny story about a property viewing in an inverse condemnation case in which a swan begins to threaten the jury!
Podcast Episode 47 – Playing Four Corners with FERC – Tune in to Episode 47 of the Eminent Domain Podcast as host Clint Schumacher talks with Carolyn Elefant about the Federal Energy Regulatory Commission approval process and the D.C. Circuit oral argument that recently occurred in the case of Alleghany Defense Fund v. FERC. This case considers the question of whether FERC can play “four corners” with the administrative review process to effectively moot a challenge to FERC approval.
Podcast Episode 46 – Thinking Out of the Box – Check out Episode 46 of Clint Schumacher’s Eminent Domain Podcast! Clint chats with Nevada eminent domain attorney Steve Silva, who shares a “war story” about his favorite settlement that displayed some out of the box thinking.
Podcast Episode 45 – Nancie Marzulla Discusses a Taking at Dallas Love Field – Tune in to Episode 45 of the Eminent Domain Podcast, as Clint Schumacher talks with Nancie Marzulla about the fascinating story of a case that arose from a taking of an airport terminal at Dallas Love Field. Clint also shares some thoughts about finding continued meaning when our work is disrupted, borrowed and adapted from an article by Dr. Zach Mercurio published online by Thrive Global.
Podcast Episode 44 – Thoughts on Working Remotely Plus Hundl and DellaPelle – Tune in to Episode 44 of Clint Schumacher’s Eminent Domain Podcast as he talks to Philip Hundl, from Wharton, Texas, and Tony DellaPelle, from Morristown, New Jersey. Clint also shares his thoughts on practicing law while “sheltered in place” as he work remotely during the COVID-19 pandemic.
Podcast Episode 43 – Dana Berliner of the Institute for Justice Discusses Kelo v. City of New London – Tune in to Episode 43 of Clint Schumacher’s Eminent Domain Podcast to hear his discussion with Dana Berliner, Litigation Director for the Institute for Justice. They’re talk includes interesting stories from her career, including her involvement of Kelo v. City of New London.
Podcast Episode 42 – Robert McNamara Discusses Carousel Farms, Plus W&M Law Student Delia Root – Check out Episode 42 of Clint Schumacher‘s Eminent Domain Podcast! Robert McNamara, of the Institute for Justice, joins Clint to talk about the Colorado case Carousel Farms v. Woodcrest Homes case, which has been appealed to the U.S. Supreme Court. William & Mary law student Delia Root also joins the interview to talk about her experience at the ALI-CLE Eminent Domain and Land Valuation Conference and more.
Podcast Episode 41 – Live From Nashville – Tune in to Episode 41 of Clint Schumacher’s Eminent Domain Podcast! Clint recorded interviews live at the ALI CLE national Eminent Domain Conference in Nashville, Tennessee, in January. In the first recording from the conference, Clint talks to law students Benny Zhang, Andrew Parslow, Kelsey Abell, Kacie Couch, and Joe Melton. He also discusses the recent Texas Supreme Court case Copano Energy v. Stanley D. Bujnoch, Life Estate.
Podcast Episode 40 – Pipeline Right to Take Question – The Puntenney Case – In Episode 40 of the Eminent Domain Podcast, Clint Schumacher discusses a recent Iowa Supreme Court opinion in Puntenney v. Iowa Utilities Board. At issue in this case: If a pipeline is transporting product that is not being used (or, at times, even produced) in the state it is crossing, is that a public use?
Podcast Episode 39 – A View from a County Appraiser – Ryan Hargrove joins Clint Schumacher on Episode 39 of the Eminent Domain Podcast to talk about what appraisal looks from inside the County Office. Mr. Hargrove provides real estate valuation services to departments and agencies for Orange County, California. These valuations facilitate acquisition, management, leasing, and disposition of real property. During his 20 year career, he has performed valuations for many purposes, including eminent domain and right-of-way acquisition, loan underwriting, financial reporting, estate and gift taxation, litigation support, assessment appeals. On the podcast, they discuss one of Mr. Hargrove’s current projects trying to value flowage easements; how the county chooses appraisers; self-driving cars; and valuing property with a value date from 75 years ago.
Podcast Episode 38 – Dealing with Difficult People – Pete Havel, author of “The Arsonist in the Office: Fireproofing Your Life Against Toxic Coworkers, Bosses, Employees and Cultures,” joins Clint Schumacher for Episode 38 of the Eminent Domain Podcast to discuss how to deal with difficult people.
Podcast Episode 37 – Reflections from Being Called for Jury Duty – In Episode 37 of his Eminent Domain Podcast, Clint Schumacher shares some insights after being summoned for jury duty. His reflections include:
- Put a high priority on the voir dire
- Build rapport with the venire panel by being the guide
- Have positive energy
- Begin to personalize your client
Podcast Episode 36 – Discussion of Short-Term Rentals with Robert Thomas and Robert “Bob” Grace – Robert Thomas and Robert “Bob” Grace recently joined Clint Schumacher in Episode 36 of his Eminent Domain Podcast to discuss short term rentals, their potential for takings, and whether this could be a property’s highest and best use. Robert Thomas is an eminent domain lawyer based in Hawaii. Robert “Bob” Grace is a real estate appraiser based in Oklahoma.
Podcast Episode 35 – Discussion of Self-Driving Cars with Sam Schwartz aka Gridlock Sam – Tune in to episode 35 of Clint Schumacher’s Eminent Domain Podcast as Sam Schwartz, aka Gridlock Sam, joins Clint to discuss self-driving cars and their impact on future infrastructure.
Podcast Episode 34 — Discussion of Knick v. Township of Scott – Tune in to Episode 34 of Clint Schumacher’s Eminent Domain Podcast! In this episode, Clint discusses the recent U.S. Supreme Court ruling in Knick v. Township of Scott. This is an important eminent domain decision that will help property owners who are seeking compensation when the government takes property either directly or by regulation.
Podcast Episode 33 — Clint Harbour Discusses Eminent Domain from the Government Viewpoint – In Episode 33 of the Eminent Domain Podcast, host Clint Schumacher talks with Clint Harbour from the Texas Attorney General’s Office about eminent domain from a government lawyer’s perspective. Clint Schumacher also offers recommendations for trying cases on the condemnor side of the docket and shares why he sometimes will wear basketball shorts under his suit at hearings.
Podcast Episode 32 – J.J. Rolling Discusses Wisconsin Procedure, Appraisal Issues, and Condemnation Clauses in Leases – In Episode 32 of Clint Schumacher’s Eminent Domain Podcast, Clint talks with JJ Rolling of von Briesen & Roper (Madison, Wisconsin) about the eminent domain process in Wisconsin. JJ, an affiliate member of the Appraisal Institute, talks about why he thinks highest and best use is an important and under-considered part of the appraisal process. He also talks about condemnation clauses in leases and a recent Utah case involving K-Mart.
Podcast Episode 31 – Texas High Speed Rail with Patrick McShan – Episode 31 of Clint Schumacher’s Eminent Domain Podcast is all about the Texas High Speed Rail project, as Clint welcomes Patrick McShan, Special Counsel to Texans Against High Speed Rail. Clint and Patrick discuss court hearings regarding whether the High Speed Rail developer has the right to come on to private property to do survey work and whether the developer is even a railroad under Texas law. Also up for discussion: the proposed project’s financial feasibility, administrative history and potential future moves in the Texas Legislature.
Podcast Episode 30 – Failure and Storytelling – Tune into Episode 30 of Clint Schumacher’s Eminent Domain Podcast! In the episode, titled “Failure and Storytelling,” Clint discusses a cross-examination he wishes he could do over, as well as some recent experiences that have reminded him about the importance and impact of storytelling and themes at trial.
Podcast Episode 29 – Ranch and Relocation Questions – In Eminent Domain Podcast Episode 29, Clint Schumacher chats with Tiffany Dowell Lashmet, who has served as an Agricultural Law Specialist for Texas A&M AgriLife Extension Service since 2013. Tiffany’s work focuses on legal issues impacting Texas landowners and agricultural producers including leases, water law, oil and gas law, pipeline easement negotiation, and landowner liability. She travels the state speaking at various meetings and conferences on these issues, has published several law review articles, extension fact sheets, magazine articles, and newspaper articles, and authors the award-winning Texas Agriculture Law Blog.
Podcast Episode 28 – Randy Smith and Bob Grace from the Eminent Domain Seminar – In Episode 28 of the Eminent Domain Podcast, Clint Schumacher shares interviews recorded during the 2019 ALI Eminent Domain and Land Valuation conference in Palm Springs, California. Randy Smith of the Smith & Fawer law firm in New Orleans, Louisiana, talks about an eminent domain case in Louisiana called St. Bernard Port, Harbor & Terminal District v. Violet Dock Port Inc., LLC. The case presented both a significant right to take issue and a significant valuation issue. Bob Grace, an appraiser from Oklahoma City, shares his experience at the ALI Eminent Domain and Land Valuation conference as a first-time attendee and also discussed a few appraisal issues he is facing in Oklahoma.
Podcast Episode 27 – Andrew Edison and Stephen Clarke from the Eminent Domain Seminar – In Episode 27 of the Eminent Domain Podcast, Clint Schumacher shares an interview with U.S. Magistrate Judge Andrew Edison of Houston and eminent domain lawyer and twitter contributor Stephen Clarke of Norfolk, Virginia. Judge Edison discusses one of the most interesting taking cases in U.S. history — the case of the government’s taking of the original Zapruder film, the video of the assassination of President Kennedy filmed by Abraham Zapruder.
Podcast Episode 26 – Four Eminent Domain Cases to Watch in 2019 – In Episode 26 of the Eminent Domain Podcast with Clint Schumacher, learn more about four eminent domain cases to watch in 2019:
- Nexus Gas Transmission v. City of Green, Ohio
- Knick v. Township of Scott
- The Border Wall (Soon to be?) Cases
- The Flooding and Wildfire Cases
Podcast Episode 25 – A Discussion of the Trans-Pecos Pipeline Documentary with the Director, Nicol Ragland – In Episode 25 of his Eminent Domain Podcast, Clint Schumacher hosts Nicol Ragland, the Director of “Trans Pecos – the Story of Stolen Land and the Loss of America’s Last Frontier.” Nicol is both a documentary director and photographer who has spent a career using the visual media to spark discussion into humanity’s relationship to culture and nature.
Podcast Episode 24 – Professor James Stern discusses Knick v. Township of Scott – For the latest episode of his Eminent Domain Podcast, Clint Schumacher welcomes James Stern, a property law professor at the William & Mary Law School and a former U.S. Supreme Court clerk, for a review of Knick v. Township of Scott. The Supreme Court is set to hear oral arguments in the case on Jan. 16.
Podcast Episode 23 – The Legislative Side of Eminent Domain featuring Marissa Patton of Texas Farm Bureau – What does the legislative side of eminent domain look like? In the latest episode of Clint Schumacher’s Eminent Domain Podcast, Clint chats with guest Marissa Patton, the Associate Legislative Director for the Texas Farm Bureau, about the eminent domain process from perspective of an advocacy group as they approach a legislative session.
Podcast Episode 22 – Condemnation Issues in Colorado featuring Sarah Kellner – In Episode 22 of the Eminent Domain Podcast, Clint Schumacher hosts Sarah Kellner, a partner with the Faegre Baker Daniels law firm in their Denver office. Clint and Sarah discuss the eminent domain process in Colorado, the inseparability doctrine, some constitutional amendments that were proposed in Colorado, and Sarah’s favorite holiday — Halloween.
Podcast Episode 21 – Hospitality Condemnation from the Client Side featuring Ellison Riley of CorePoint Lodging – What does eminent domain look like from the other side? Clint Schumacher talks with Ellison Riley, Director of Real Estate for CorePoint Lodging in Irving, Texas. Both in her role with CorePoint and in her prior role with La Quinta, Ellison has overseen and managed a number of complex condemnation acquisitions.
Podcast Episode 20 – Preparing Your Witness and Eminent Domain in Georgia with Christian Torgrimson – Clint Schumacher hosts Georgia condemnation lawyer Christian Torgrimson in Episode 20 of his Eminent Domain Podcast. Check out their interesting and informative conversation, which includes some great pointers on getting a witness prepared to testify.
Tune in for Episode 19 of the Eminent Domain Podcast – Dawson & Sodd partner Clint Schumacher recently added a new episode of his Eminent Domain Podcast! In Podcast Episode 19, Schumacher discusses with New Jersey attorney Anthony DellaPelle an interesting public use issue that DellaPelle is facing.
In this episode, Schumacher also reviews the case history of St. Bernard Parish v. United States, which arose out of the post-Hurricane Katrina flooding in Louisiana. In this case, the Louisiana parish government and private property owners filed an inverse condemnation lawsuit against the U.S. Army Corps of Engineers.
Although the Court of Federal Claims found in favor of the landowners in the initial lawsuit, the Federal Circuit reversed the decision on appeal. In September 2018, the property owners filed a writ of certiorari.
