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Advanced Eminent Domain and Valuation  

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This intermediate-advanced level program is designed for attorneys. Government officials, condemning agencies, appraisers, engineers, surveyors, property managers, right of way professionals and real estate professionals may also benefit.

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Seminar Summary:

Gain practical, advanced-level litigation tactics, expert witness tips and valuation methods you can start using right away. (see full course description)

 

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Training Course Syllabus:


Advanced Eminent Domain and Valuation - Eminent Domain Law Seminar

Legal Strategies for Handling the Most Current and Complex Issues in Eminent Domain Today

Condemnation cases can be highly complicated and involve unique investigation, valuation, experts, evidence, and evidentiary rules. At this advanced seminar, you'll get the update you need from knowledgeable faculty who have analyzed the new laws and uncovered some of the ways the rulings will affect you. Listen to faculty as they share valuable, real-life experiences and engage in a debate on cutting-edge issues in condemnation law today. Gain practical, advanced-level litigation tactics, expert witness tips and valuation methods you can start using right away - register now!

  • Discuss cutting-edge legal issues and find out the latest updates that have reshaped the landscape in eminent domain and condemnation in your state recently.
  • Stay in-the-know on the most current eminent domain legislation and case law and gain insight into what power the Kelo ruling retains today.
  • Gain a condemnor's perspective of what their limitations are, how they prepare their case and prove the taking is for public use, interest or necessity.
  • Get sure-fire strategies for attacking the right to take.
  • Effectively select and prepare valuation experts to successfully argue property value, environmental concerns and land use issues.
  • Accurately determine the value of wetlands, contaminated property and right of ways.
  • Discuss complex condemnation issues, including abandonment, heritage and homestead and landlord/tenant.


  1. What You Need to Know NOW!
    9:00 - 10:15, David L. Mathews
    1. Recent Developments/Current Trends in Your Jurisdiction
    2. Federal, State and Local Regulations Update, Rule/Procedure Changes
    3. Post Kelo vs. City of New London Debate: Has the Dust Settled, Yet?
    4. Advanced Application of Case Law to Complex Claims
      1. Temporary and Partial Takings
      2. Exaction Takings
      3. Inverse Condemnation
      4. Physical Invasion or Occupation
  2. Appraiser and Attorney Insights: Just Compensation and Legal Strategies
    10:30 - 12:00, Stephen S. Hamilton and John F. Howden
    1. Advanced Investigation Strategies
    2. Advanced Valuation Techniques
      1. The Highest and Best Use Question
      2. Rezoning and Assemblage on the Highest and Best Use
      3. Determining Economic Impact and Reasonable Investment-Backed Expectations
      4. Simplifying Valuation by Amending the Petition/Stipulation
      5. Interest
      6. Relocation Benefits
    3. Valuation Tips and Legal Strategies
      1. Wetlands, Floodplains, Floodways and Waterways
      2. Water Rights and Mineral Rights
      3. Pipeline Issues
      4. Contaminated Property
      5. Access Rights, Right of Way Challenges and Easements
      6. Landlord/Tenant, Multiple Owners and Leases
      7. Abandonment
      8. Heritage and Homestead
  3. The Condemnor's Perspective
    1:00 - 2:00, Robert I. Waldman
    1. Proving the Taking is for Public Use, Public Interest and is Necessary
    2. Preparing the Condemnor's Case
    3. The Future of Eminent Domain with Cash-Strapped Governments
    4. Strategies Used for Saving Time/Money
  4. Sample Case Study: Practical Application of "Real-World" Litigation Strategies
    2:00 - 3:15, Robert I. Waldman
    1. Advanced Discovery
    2. Negotiation and Settlement
    3. Unsupported Injunction Actions Delaying Condemnation
    4. Owners and Other Non-Experts
    5. Managing the "Red Tape" Effectively
    6. Advanced Defense Strategies to Necessity, Public Use and Interest
    7. Voir Dire of Jury in Eminent Domain Cases
    8. Making Income Approach "Approachable" to a Jury
    9. Presentation of Engineer Testimony and Jury View of Subject
    10. Preparing Experts to Argue Property Value, Environmental Concerns, and Land Use Issues
    11. Cross/Direct Examination of Valuation Experts
    12. Getting Your Comps Into Evidence
    13. Motions in Limine and Daubert Challenges
    14. Demonstrative Evidence
  5. Advanced Ethical Issues in Condemnation
    3:30 - 4:30, Stephen S. Hamilton
    1. Communication with Government Officials
    2. Communication with Unrepresented Parties
    3. Competence
    4. Candor Toward Tribunal

Seminar Summary:

Gain practical, advanced-level litigation tactics, expert witness tips and valuation methods you can start using right away. (see full course description)

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