The Eminent Domain Podcast

U.S. Magistrate Judge Andrew Edison has devoted much time and research to the life and legacy of Robert Moses, a former Parks Commissioner who had a broad and deep impact on the development of New York City’s infrastructure over a period of 50 years. Moses’ career provides a study of the human cost of eminent domain for different socio-economic communities. Judge Edison’s insight is relevant to today’s discussions surrounding the potential impacts of the currently debated infrastructure bill.

Eminent Domain attorneys Phil Sever, Tonny Storey, and Jordan Walker of Sever Storey, LLP join the show today to talk about a class-action lawsuit involving inverse condemnation claims related to the use of underground caverns for natural gas storage. The case has recently been certified by a federal court in Pennsylvania, an uncommon achievement among inverse condemnation cases. We discuss the case and how its substantive and procedural background has led the team to where they are today.

Eminent domain attorney Jay Small of Mateer Harbert in Orlando joins the podcast to discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services. We discuss whether this case opened the door to challenging the moratorium as a compensable taking, and Jay brings a prescient analysis of the opinion. We also discuss the Court’s citation of Loretto, the shift of economic risk to landlords, as well as what Jay notes is a curious omission of Yee v. City of Escondido.

Today, we're joined by Professor Lee Fennell of the University of Chicago Law School to discuss her upcoming article for the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery. She dissects the exceptions the Court has enumerated to the expanded definition of a per se physical taking. We discuss the potential consequences of this ruling for various intrusions of government onto and burdens upon private property.

Casey Pipes, managing partner at the Helmsing Leach law firm in Mobile, AL, joins the show to discuss 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 implications for property owners. An interesting subtopic is how these issues affect railroads, and what these types of statutes could mean for private entities in the path of broadband expansion.

Steve is 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 advises on when it would be of value for a property owner or attorney to seek the expertise of a construction cost estimator. We dive into the “perfect storm” of recent events that have led to the unpredictability, shortages, and price escalation in construction markets.

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. We discuss how the group started, the value of connecting with fellow professionals in the industry, and future plans for the group.

https://www.facebook.com/eminentdomainRWClub

Ivy Cadle, shareholder of the Baker Donelson law firm joins us to discuss condemnation clauses in commercial leases. We note some important factors in such clauses, including notice provisions and division of settlements.

Check out Ivy’s webinar on this topic: https://www.bakerdonelson.com/webinar-commercial-leases-and-takings-how-to-leverage-your-rights-in-eminent-domain-cases

Share ideas for future topics or guests on Twitter @J_Clint.

My bio: http://www.dawsonsodd.com/attorneys/clint-schumac

FERC expert Carolyn Elefant discusses the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey.  She brings great insight about, among other things, the balance between state rights and the federal power to condemn.  Find the opinion here: https://www.supremecourt.gov/opinions/20pdf/19-1039_8n5a.pdf

Carolyn's blog: https://myshingle.com/

Share your thoughts on this or future episodes with me.  I’m on Twitter @J_Clint.

My bio: http://www.dawsonsodd.com/attorneys/clint-schuma

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.