Training Course Syllabus:
Property Taking Through Eminent Domain in Indiana
Correctly Handle Property Takings Using Current Case Law as Your Guide
The constitution prohibits the government from arbitrarily taking a private owner's property. But who decides what's arbitrary? Precedent for eminent domain has justified takings as long as the owner is compensated and property is clearly being used for the public good. If your job involves dealing with these situations, you need to have a thorough update so you can properly handle eminent domain actions.
At this in-depth seminar, you'll get the knowledge you need to exert your rights and achieve the best outcome possible. After attending, you'll know what power the Kelo ruling retains today, as well as get clear explanations of the parameters guiding takings. Follow proper procedure and cover all your bases with a step-by-step look at the process. Ensure your municipality understands and provides just compensation. Make these actions go as smoothly as possible with solid strategies for settlements. Don't miss this chance to expand your knowledge - enroll today!
- Know the distinction between "for public use" and "for public benefit" so you can determine whether the taking is justified.
- Adhere to strict federal, state and local requirements to ensure actions are properly handled.
- Accurately determine the fair market value of the property and calculate damages if necessary.
- Reach amicable settlements using options like alternative dispute resolution or mediation.
- Fulfill your legal ethics credit requirements and get solutions to real-life ethical dilemmas.
- CASE LAW AND LEGISLATIVE UPDATE
9:00 - 9:45, Michael J. Lewinski
- Kelo v. City of New London: The Decision and its Impact on Eminent Domain Powers Today
- Federal, State and Local Rules and Regulations
- Case Law Update
- INTRODUCTION TO PROPERTY TAKINGS THROUGH EMINENT DOMAIN
9:45 - 10:45, Betty M. Harrington
- What is Eminent Domain?
- The Distinction Between "For Public Use" and "For Public Benefit"
- Who Has the Right to Take Property?
- Sources of Takings Power
- Rights of the Parties Involved
- Constitutional Limitations - Public Use Clause
- ETHICS IN CONDEMNATION
11:00 - 12:00, Betty M. Harrington, Michael J. Lewinski and Yasmin L. Stump
- Duties of Counsel
- Conflicts of Interest
- Ethical Issues Unique to Eminent Domain Actions
- EFFECTIVELY NAVIGATING AN EMINENT DOMAIN ACTION
1:00 - 2:30, Yasmin L. Stump
- Prerequisites to Filing an Eminent Domain Action
- Federal and State Procedures in Eminent Domain Actions
- Environmental, Historic and Other Concerns and Considerations
- UNDERSTANDING JUST COMPENSATION
2:45 - 3:45, Betty M. Harrington
- Compensation for the Taking
- Determining "Fair Market Value"
- Evaluating and Establishing Damages
- Severance Damages
- Establishing and Negotiating Relocation Benefits
- Compensating for Temporary Taking
- A Complete Look at the Cost of Compensation to Condemnation - Is it Worth Taking?
- STRATEGIES FOR EFFECTIVELY SETTLING THE EMINENT DOMAIN ACTION
3:45 - 4:30, Michael J. Lewinski
- Advantages of Settlement vs. Litigation
- Developing a Settlement Agreement
- Exploring Your Settlement Options
- Tactics and Techniques for Negotiating a Settlement
- Using Alternative Dispute Resolution and Mediation