Inverse Condemnation Litigation: Strategies for Municipal Attorneys for Avoiding and Defending Taking Claims

Leveraging Affirmative Defenses; Mitigating Damages, Attorney's Fees and Costs

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


Conducted on Tuesday, July 18, 2017
Recorded event now available


This CLE webinar will provide guidance to municipal attorneys for avoiding and defending inverse condemnation claims brought by property owners alleging the government’s actions or inaction constitute a “taking” of private property without just compensation. The panel will discuss how courts are ruling in inverse condemnation cases and effective tactics for avoiding and defending against claims and mitigating costs and attorneys’ fees.

Description

Property owners have become more aggressive in challenging the government’s exercise of eminent domain over their private property. Municipalities defending inverse condemnation actions must navigate a complicated area of the law and face the potential for significant litigation expenses.

To prevail in inverse condemnation claims, property owners must prove that they were deprived of all or substantially all economically beneficial use of their property by the government’s direct action or inaction, or prove the government’s action has substantially impacted the value of their property by thwarting a reasonable investment-backed expectation. Prevailing property owners are entitled to recover damages, attorneys’ fees and costs. Attorneys’ fees can exceed the amount of the damages award.

Municipalities defending inverse condemnation claims should put forth all reasonable affirmative defenses, including proper exercise of police power not subject to compensation, plaintiff’s failure to exhaust administrative remedies, plaintiff’s waiver of rights to object or receive compensation, and the expiration of the statute of limitations, which tends to be relatively short in inverse condemnation cases based on a regulatory taking.

Listen as our authoritative panel discusses the latest developments in inverse condemnation litigation, how courts are ruling in these cases, and best practices for municipal attorneys for defending and avoiding claims.

Outline

  1. Latest trends in inverse condemnation actions
  2. Common bases for inverse condemnation actions
  3. Effective strategies for defending claims
  4. Limiting attorneys’ fees and costs
  5. Best practices for avoiding or minimizing actions

Benefits

The panel will review these and other key issues:

  • What types of government actions or inaction typically lead a property owner to file an inverse condemnation lawsuit?
  • What defenses have been effective for municipalities defending against inverse condemnation actions?
  • What are some best practices for municipalities to avoid or minimize inverse condemnation lawsuits?

Faculty

William E. Adams, Partner
Nossaman, San Francisco

Mr. Adams has represented both plaintiffs and defendants in more than 45 trials and binding arbitrations, as well as several appeals. He regularly represents public entities, defending claims of torts, breach of contract, inverse condemnation and violations of civil rights. Mr. Adams has over two decades of experience representing small businesses and partnerships in complex commercial litigation matters including claims of fraud and unfair business practices, breach of contract, and corporate torts.

June S. Ailin, Partner
Aleshire & Wynder, El Segundo, Calif.

Ms. Ailin has represented public agencies in a wide variety of litigation and transactional matters since 1990. Her litigation experience includes cases involving the breach and interpretation of contracts, writs of mandate challenging land use decisions and other governmental actions, CEQA, civil rights violations, the Brown Act, the Public Records Act, conflicts of interest and validation actions, as well as eminent domain and inverse condemnation. Ms. Ailin chairs the firm’s Litigation Group.

Mary Colchin Johndroe, Partner
Cantey Hanger, Fort Worth, Texas

Ms. Johndroe vigorously represents clients in civil litigation, including construction, contract, eminent domain, inverse condemnation, property rights, and government law cases. She has handled cases at all levels of the legal system; before commissions and administrative agencies, in trials and appeals within state and federal courts. Ms. Johndroe is a former adjunct professor at Texas A&M University School of Law.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

Strafford made it easy to attend and were very communicative prior to and during the seminar.

Virginia Cassady

Shepard, Smith and Cassady

Cutting edge information from people who are in the field.

John McGowan

Donahue Tucker & Ciandella

A thoroughly professionally structured and presented program.

Roy Gowey

City of Coeur d'Alene

Strafford's programs offered a technical depth of coverage and a major law firm perspective of what has happened in that area of law.

E. Roger Stewart

McCarthy Lebit Crystal & Liffman Co LPA

Length was ideal and the topic was timely. Excellent!

Jeanette Henderson

University of Washington

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.