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
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, 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.
CASE LAW AND LEGISLATIVE UPDATE 9:00 - 10:15, Gregory D. D'Angelo
Impact of Kelo v. City of New London
State and Local Rules, Regulations, and Conflicts
Case Law Update
INTRODUCTION TO PROPERTY TAKINGS THROUGH EMINENT DOMAIN
10:15 - 10:45 and 11:00 - 11:40, Frank S. Craig III
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
EFFECTIVELY NAVIGATING AN EMINENT DOMAIN ACTION 11:40 - 12:10 and 1:10 - 1:50, Frank S. Craig III
Federal, State and Local Requirements in Eminent Domain Actions
Providing Notice of a Potential Taking
Standard Lease Condemnation Provisions and Clauses
Red Flags to Watch For
Property Appraisals and Valuation
Environmental Concerns and Considerations
Condemnation of Wetlands, Floodplains, Floodways and Waterways
Challenging the Right to Take
UNDERSTANDING JUST COMPENSATION 1:50 - 2:30 and 2:45 - 3:20, Randall A. Smith
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 3:20 - 4:30, Randall A. Smith
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
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)