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Property Taking Through Eminent Domain in Missouri  

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This basic-to-intermediate seminar is a must-attend for professionals wanting the most up-to-date information on eminent domain, including: Attorneys, City, County and Zoning Board Members, Planners, Engineers, Architects, Developers, Real Estate Professionals, Government Professionals, Land Use Professionals

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Seminar Summary:

At this in-depth seminar, you'll get the knowledge you need to exert your rights and achieve the best outcome possible. (see full course description)

 

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Training Course Syllabus:


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.


  1. CASE LAW AND LEGISLATIVE UPDATE
    9:00 - 9:30, Paul G. Henry
    1. Missouri's Eminent Domain Reforms - Where do we Stand now?
    2. Revised Jury Instructions
    3. Federal, State and Local Rules and Regulations
    4. Case Law Update
  2. INTRODUCTION TO PROPERTY TAKINGS THROUGH EMINENT DOMAIN
    9:30 - 10:00, Paul J. Puricelli
    1. What is Eminent Domain?
    2. Who has the Right to Take Property?
    3. Sources of Takings Power
    4. Rights of the Parties Involved
    5. Constitutional Limitations - Public Use and Just Compensation
    6. Kelo v. City of New London: The Decision and its Impact on Eminent Domain Powers Today
  3. EFFECTIVELY NAVIGATING CONDEMNATION PROCEDURES
    10:15 - 11:15, Pamela J. Meanes
    1. Federal, State and Local Requirements in Eminent Domain Actions
    2. Jurisdictional Prerequisites
      1. Good Faith Offer
      2. Notice of Intent
    3. Parties Entitled to Notice
    4. Red Flags to Watch For
    5. Pre-Suit Appraisals and Valuation
    6. Environmental Concerns and Considerations
    7. Condemnation of Wetlands, Floodplains, Floodways and Waterways
    8. Challenging the Right to Take
    9. Discovery and Pre-Trial Motions
  4. UNDERSTANDING JUST COMPENSATION
    11:15 - 12:15, Robert Denlow
    1. Indemnity as a Principal of Compensation
    2. Determining "Fair Market Value" - Valuation 101
    3. Evaluating and Establishing Damages
    4. Consequential Damages
    5. Compensating for Temporary Taking
  5. OTHER UNIQUE ISSUES IN CONDEMNATION
    1:15 - 2:15, Paul G. Henry and Pamela J. Meanes
    1. Admissibility of Environmental Contamination
    2. Relocation Benefits
    3. Abandonment
    4. Heritage and Homestead Values
    5. Interest
  6. STRATEGIES FOR EFFECTIVELY SETTLING THE EMINENT DOMAIN ACTION
    2:30 - 3:00, Paul G. Henry
    1. Advantages of Settlement vs. Litigation
    2. Developing a Settlement Agreement
    3. Exploring Your Settlement Options
    4. Tactics and Techniques for Negotiating a Settlement
    5. Using Alternative Dispute Resolution and Mediation
  7. TRIAL STRATEGIES AND TECHNIQUES
    3:00 - 4:30, Jerome Wallach
    1. Owners and Other Non-Expert Witnesses
    2. Expert Witnesses
      1. Appraisers
      2. Engineers/Architects
      3. Others
    3. Demonstrative Evidence
    4. Opening Statements and Closing Arguments
    5. Effective Cross Examination

Seminar Summary:

At this in-depth seminar, you'll get the knowledge you need to exert your rights and achieve the best outcome possible. (see full course description)

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