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 with Q&A


Conducted on Thursday, December 1, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

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.

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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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Robert H. Thomas
Robert H. Thomas

Director
Damon Key Leong Kupchak Hastert

He is one of the preeminent land use lawyers in Hawaii, specializing in regulatory takings and eminent domain. He has...  |  Read More

Mark M. Murakami
Mark M. Murakami

Director
Damon Key Leong Kupchak Hastert

He focuses on complex commercial disputes, land use negotiation and litigation, environmental and general civil...  |  Read More

Anthony Della Pelle
Anthony Della Pelle

Partner
McKirdy & Riskin

He practices exclusively in the areas of eminent domain, condemnation, redevelopment law and real estate tax appeals....  |  Read More

J. Casey Pipes
J. Casey Pipes

Partner
Helmsing Leach Herlong Newman & Rouse

He has extensive experience in the fields of municipal and governmental law through his representation of local...  |  Read More

Rick E. Rayl
Rick E. Rayl

Partner
Nossaman

His practice is concentrated primarily on eminent domain, inverse condemnation, and other real-estate-valuation...  |  Read More

Bradford B. Kuhn
Bradford B. Kuhn

Atty
Nossaman

He assists property owners, businesses, and public agencies with a variety of eminent domain and inverse condemnation...  |  Read More

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