Eminent Domain: Redevelopment Challenges for Local Government

Navigating Federal Funding Requirements, Challenges for Public Utilities in Right-of-Way Projects, and Objections to Taking for Public Use

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Thursday, December 1, 2011
Recorded event now available


This CLE webinar will examine challenges facing municipalities as they plan for, regulate and operate right of way projects for public utilities. The panel will analyze recent cases where the power to condemn has been challenged and discuss strategies for handling and raising objections to a taking.

Description

Property owners are more vigorous in challenging government exercise of eminent domain. Local governments are again exercising eminent domain for the purpose of redevelopment for public transit and for public utilities’ need for growth to accompany municipalities’ expansion of their infrastructure.

Local government must deal with the challenges they face from affected property owners as they plan for, regulate and construct and operate right of way projects for utilities. Many local public projects are being funded by federal grants, requiring compliance with federal laws.

Reform efforts following the Kelo v. City of New London decision have impacted government's ability to use eminent domain for redevelopment. Recent case law, including a redevelopment lawsuit pending in California, may affect redevelopment nationwide.

Listen as our panel of municipal law attorneys discusses compliance with federal laws for local government access to federal funding for public projects, challenges for local government in exercising eminent domain for public utilities' and public transit growth, and strategies in handling and raising objections to a taking.

Outline

I. Public utility takings and right of way projects
II. Federal law compliance for federal funding
III. Redevelopment post-Kelo
IV. Strategies for handling and raising objections to a taking

Benefits

The panel will review these and other key questions:

  • What are the challenges facing municipalities in complying with federal laws to obtain federal funding for a public taking?
  • What recent developments may impact a government's ability to use eminent domain for redevelopment?
  • What strategies should counsel to municipalities consider in dealing with objections to a taking?
  • What strategies are available in raising objections to a taking?

Faculty

Robert H. Thomas, Director
Damon Key Leong Kupchak Hastert, Honolulu

He is one of the preeminent land use lawyers in Hawaii, specializing in regulatory takings and eminent domain. He has tried cases and appeals in Hawaii, California, and the federal courts. He currently serves as the Chair of the Condemnation Law Committee of the ABA’s Section on State & Local Government Law. He is a frequent speaker on land use and eminent domain issues.

Mark M. Murakami, Director
Damon Key Leong Kupchak Hastert, Honolulu

He focuses on complex commercial disputes, land use negotiation and litigation, environmental and general civil litigation. He is a frequent speaker and author on land use and eminent domain. He represents property owners and businesses in land use and environmental litigation.

Anthony Della Pelle, Partner
McKirdy & Riskin, Morristown, N.J.

He practices exclusively in the areas of eminent domain, condemnation, redevelopment law and real estate tax appeals. He frequent lectures nationally on eminent domain, redevelopment and real estate tax appeal. He is experienced representing both property owners and local government agencies as special counsel in condemnation, real estate tax appeal, and land use matters.

J. Casey Pipes, Partner
Helmsing Leach Herlong Newman & Rouse, Mobile, Ala.

He has extensive experience in the fields of municipal and governmental law through his representation of local government and its utilities board. He concentrates on eminent domain work. He is a frequent speaker at continuing legal education seminars on issues relating to municipal law and eminent domain, and he has authored and co-authored various articles in the field of eminent domain.

Rick E. Rayl, Partner
Nossaman, Irvine, Calif.

His practice is concentrated primarily on eminent domain, inverse condemnation, and other real-estate-valuation disputes. He is Chair of the firm's Eminent Domain and Valuation Practice Group, among the largest in California. He represents public agencies, property owners and lessees in all aspects of real-estate-valuation disputes.

Bradford B. Kuhn, Attorney
Nossaman, Irvine, Calif.

He assists property owners, businesses, and public agencies with a variety of eminent domain and inverse condemnation issues, including de facto and regulatory takings, loss of business goodwill, precondemnation delay, and right to take challenges. He regularly resolves complex land acquisition and valuation disputes, and has worked on some of the largest multi-million dollar cases in California.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, GA, MO, MT, TX, UT, VT, WA.
Upon request, also available in: CO, CT*, FL, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $247.00
Available 24 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, TX, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID, KY, ME, ND, NE, NH, NM, NV, OR, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Slide Presentation with Audio) $247.00
Available three business days after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $247.00
Available 24 hours after the live event

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CD (Audio with Slide PDFs) $247.00 plus $9.45 S&H
Available ten business days after the live event

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Program Materials

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Program Materials

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Customer Reviews

A thoroughly professionally structured and presented program.

Roy Gowey

City of Coeur d'Alene

Content was excellent.

Jonelle Burnham

Kimberly-Clark

I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.

Thomas G. Mancuso

Haskell Slaughter

The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.

Amy E. McShane

Phillips Lytle LLP

I liked the substance of the program and the ease of participating.

Paul L. Hammann

First American Title Insurance Company

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