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, but rulings have varied through the years. The Supreme Court's decision in Kelo v. City of New London has clarified some of the eminent domain requirements - and if your job involves dealing with these situations, you need to have a thorough update on the new finding 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 exactly how the Kelo ruling will affect your organization when involved in a taking and get clear explanations of the parameters guiding the action. 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 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 - 10:15, Gregory D. D'Angelo
   1. Impact of Kelo v. City of New London
   2. State and Local Rules, Regulations, and Conflicts
   3. Case Law Update
2. INTRODUCTION TO PROPERTY TAKINGS THROUGH EMINENT DOMAIN
   10:15 - 10:45 and 11:00 - 11:40, Frank S. Craig III
   1. What is Eminent Domain?
   2. The Distinction Between "For Public Use" and "For Public Benefit"
   3. Who Has the Right to Take Property?
   4. Sources of Takings Power
   5. Rights of the Parties Involved
   6. Constitutional Limitations - Public Use Clause
3. EFFECTIVELY NAVIGATING AN EMINENT DOMAIN ACTION
   11:40 - 12:10 and 1:10 - 1:50, Frank S. Craig III
   1. Federal, State and Local Requirements in Eminent Domain Actions
   2. Providing Notice of a Potential Taking
   3. Standard Lease Condemnation Provisions and Clauses
   4. Red Flags to Watch For
   5. Property Appraisals and Valuation
   6. Environmental Concerns and Considerations
   7. Condemnation of Wetlands, Floodplains, Floodways and Waterways
   8. Challenging the Right to Take
4. UNDERSTANDING JUST COMPENSATION
   1:50 - 2:30 and 2:45 - 3:20, Randall A. Smith
   1. Compensation for the Taking
   2. Determining "Fair Market Value"
   3. Evaluating and Establishing Damages
   4. Severance Damages
   5. Establishing and Negotiating Relocation Benefits
   6. Compensating for Temporary Taking
   7. A Complete Look at the Cost of Compensation to Condemnation - Is it Worth Taking?
5. STRATEGIES FOR EFFECTIVELY SETTLING THE EMINENT DOMAIN ACTION
   3:20 - 4:30, Randall A. Smith
   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

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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