Is That Even Legal?

This Land Is Your Land...Till It's Not - the law of Eminent Domain


Listen Later

Send us a text

What happens when the government decides it needs your land? Does the Constitution really allow officials to seize your family home, farm, or business property against your will? The answer might disturb you.

Attorney Clint Schumacher, a leading eminent domain expert, joins us to unravel the complex world where constitutional rights, property ownership, and government power collide. Schumacher pulls back the curtain on a legal process that affects countless Americans but remains widely misunderstood.

We explore the landmark Kelo v. City of New London case that dramatically expanded government's ability to take private property, allowing cities to seize homes for economic development rather than traditional public uses like roads or schools. This controversial Supreme Court decision sparked nationwide outrage and legislative reforms, yet many property owners remain vulnerable.

The conversation takes a deeply human turn as Schumacher describes families losing properties held for generations – land that forms part of their identity, not just their assets. We examine the Henry family farm in New Jersey, owned by the same family for 175 years, now threatened by condemnation for affordable housing. This poignant example highlights how even worthy public goals create profound private sacrifices.

We also demystify the compensation process, revealing the often significant gap between government appraisals and true property value. Schumacher explains why property owners frequently feel shortchanged even when receiving "just compensation," especially when forced to pay their own legal fees from their settlement amounts.

Whether you're a property owner concerned about your rights - even His Eminence...the POPE  ---His CHILDHOOD HOME was subject to eminent domain -  or simply want to understand this fascinating intersection of law, economics, and human dignity, this episode provides crucial insights into a power that Schumacher calls "a necessary evil." Despite its importance for infrastructure development, nothing government does to innocent citizens feels more invasive than taking their property against their will.

Have questions about your legal rights? Contact us at [email protected]. And while we sound smart and lovable, remember: we're not your lawyers, and this isn't legal advice!


Our Guest: Clint Schumacher

Clint Schumacher focuses his litigation practice on eminent domain and government taking litigation. Clint has represented property owners of all sizes that are being impacted by public projects. Before joining his present firm, Dawson & Sodd, Clint represented regional toll authorities and mass-transit authorities in some of the largest projects in north Texas. Clint’s dedication to excellence has led to him receiving the designation of Counselor of Real Estate, as well as that of Texas Super Lawyer in Eminent Domain by Texas Lawyer magazine in 2014-25. He has also been recognized by D Magazine as one of the top lawyers in Dallas.  In 2021, Clint released a book on resiliency called Second Wind: Decisions the Resilient Make to Overcome Adversity. Clint is married to his college sweetheart, Jennifer, and they have three boys. Clint is also a dedicated football coach, having coached at Trinity Christian Academy (2016–2025) and Dallas Bills (2009-2017). He is a member of the Texas State High School Coaches Association and the American Football Coaches Association.

...more
View all episodesView all episodes
Download on the App Store

Is That Even Legal?By Attorney Robert Sewell

  • 5
  • 5
  • 5
  • 5
  • 5

5

45 ratings


More shows like Is That Even Legal?

View all
The Ramsey Show by Ramsey Network

The Ramsey Show

39,088 Listeners

We the People by National Constitution Center

We the People

1,107 Listeners

Economist Podcasts by The Economist

Economist Podcasts

4,199 Listeners

Radiolab by WNYC Studios

Radiolab

43,923 Listeners

This American Life by This American Life

This American Life

91,107 Listeners

The Clark Howard Podcast by Clark Howard

The Clark Howard Podcast

5,446 Listeners

Freakonomics Radio by Freakonomics Radio + Stitcher

Freakonomics Radio

32,164 Listeners

48 Hours by CBS News

48 Hours

10,952 Listeners

Court Junkie by PodcastOne

Court Junkie

8,559 Listeners

The Daily by The New York Times

The Daily

112,522 Listeners

The Peter Attia Drive by Peter Attia, MD

The Peter Attia Drive

8,067 Listeners

Dateline NBC by NBC News

Dateline NBC

47,760 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,758 Listeners

People I (Mostly) Admire by Freakonomics Radio + Stitcher

People I (Mostly) Admire

2,100 Listeners

The Mel Robbins Podcast by Mel Robbins

The Mel Robbins Podcast

20,154 Listeners