The Only National Conference on Eminent Domain Returns for its 34th Year


In January 2017, the American Law Institute-CLE will hold its annual Eminent Domain and Land Valuation Litigation and Condemnation 101 Conference at the Westin San Diego, Thursday through Saturday, January 26-28, 2017. The Conference is the 34th annual gathering of eminent domain attorneys, property owners, appraisers, and other professionals who focus on condemnation law.

Truly national in scope, this is the one conference that you must attend.

The 2016 Conference in Austin was one of the best in years, and we are well on our way to replicating – and improving – it, and we’ll be covering the latest in takings law in a great city.

As always, the ALI faculty has been selected from the nation’s leading practitioners, and the topics we will be covering will be the latest decisions, trends, and strategies for success in our area of law.

Attendees will have the choice to freely choose from three tracks: Practice, Substantive, and (on Thursday) “Condemnation 101,” an entry-level course in eminent domain fundamentals for those new to this area of law, or for those with more experience, a refresher on the basics. On Friday and Saturday, the 101 track attendees will join together with their colleagues, and the afternoon will be continue to be devoted to the Practice and Substantive tracks.

One of the great advantages of this Conference is the ability to meet your colleagues from across the country. Each day will have multiple networking and social opportunities, including a reception sponsored by Cushman and Wakefield. It won’t be hard in San Diego in January to for attendees and friends and family to find things to do.

Here are some of the highlights from the agenda:

  • Relocation, relocation, relocation: we are featuring two sessions on this important and growing area of law. Our first panel will address the tension between condemnors, property owners, and tenants in securing relocation benefits, and our second will be a case study of an appeal under the Uniform Relocation Act, complete with lessons learned and traps for the unwary. Featuring a slate of experts: David Arnold (Virginia), Janet Handy Bush (Maryland), Kenneth Gindy (Texas), Brian Kunze (Virginia), Jill Gelineau (Oregon), Kelly Walsh (Washington), and Martyn Daniel (Washington).
  • Present and Future Transportation Projects: we have several panels on issues related to present and planned highways and other transportation projects. We’ll focus on the issues that arise when a highway authority plans to take property but doesn’t do so immediately — where are the lines between planning and taking in those cases? Strategies for property owners in obtaining information from the highway department under public records laws, and the role of federal funding in these and similar cases. Featuring Linde Hurst Webb (Ohio), Matthew Bryant (North Carolina), W. Andrew Gowder (South Carolina), Minming Wu (from the Federal Transit Administration (invited)), and Mark Murakami (Hawaii).
  • Trial and practice insights: We’ve assembled several panels devoted to the latest strategies from condemnation jury trial experts: how to use experts (appraisers and others) to make your case; how to employ a jury consultant to maximize your results; winning valuation evidentiary issues before and during trial; admitting or excluding the “lowball” offer; and leveraging the property owner’s testimony in the just compensation phase. With Jeremy Hopkins (Virginia), Mary Nell Bennett (Louisiana), Christian Torgrimson (Georgia), Darius Dynkowski (Michigan and Ohio), Andrew Brigham (Florida), Scott Jenny (California), Justin Hodge (Texas), and Susan MacPherson (Minnesota).
  • Inverse and regulatory takings: It’s been 25 years since the Supreme Court blockbuster takings case Lucas v. South Carolina Coastal Council , and our first panel will ask “has the sky fallen” (as some predicted at the time)? With Dwight Merriam (Connecticut), and Luke Wake (California and DC). Another panel will try and draw the line between a valid (and noncompensable) exercise of the police power to protect the public, and a compensable taking, a line the courts have been trying to figure out for nearly a century since Pennsylvania Coal. David Breemer (California) and Robert Thomas (Hawaii) will bring you the latest.

There’s a lot more, of course, Reserve your space by registering for the conference here and be sure to join us and your colleagues from across the nation in San Diego in January.

Guest Blog Author: Robt H. Thomas

Robert H. Thomas is a director with Damon Key Leong Kupchak Hastert in Honolulu, Hawaii. He specializes in property and land use issues including eminent domain, inverse condemnation, regulatory takings, property rights, water rights, and voting rights. He has tried cases and appeals in Hawaii, California, and the federal courts, including the Court of Federal Claims. On behalf of landowners in Hawaii and nationwide, Robert appears as counsel for amici curiae (“friends of the court”) before state appellate courts, state supreme courts and the U.S. Supreme Court. Read More

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