The Eminent Domain Podcast covers topics about condemnation, land use, and property rights law from practitioners, scholars, and other experts in the eminent domain community.
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Focusing on Eminent Domain
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Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)
Dave Arnold, Kristen Short
An informative and sometimes irreverent podcast for those interested in eminent domain, right of way land acquisition, or infrastructure development. Topics for discussion frequently include condemnation of real property for public use, just compensation, the Uniform Relocation Act, as well as your hosts‘ hot takes on popular culture.
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Robert Thomas joins Bobby Debelak to discuss the most interesting legal developments from 2024, cases to watch next term, and previews the 2025 ALI-CLE conference to be held in San Diego at the end of January 2025. At the end, a musically themed cross-examination includes Robert's dream set list of 70s bands. Links: https://pacificlegal.org/staff/r…
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135: Nick Atwood on Oklahoma ED Procedure, Litigation Strategy, and Taking a Six-Year Case to Trial
1:22:28
Bobby interviews Nick Atwood, a trial lawyer with Ritchie Rock & Atwood in Shawnee, Oklahoma. Bobby and Nick discuss the procedural process for ED cases in Oklahoma, a protracted and unique six-year case that Nick recently tried against the Oklahoma Turnpike Authority, attorneys' fees issues under OK law, and how to work with clients. Throughout, B…
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In this special episode, Taralyn Romero, known to some as the 'Wicked Witch of the West', joins Infrastructure Junkies to discuss her tumultuous journey through the maze of property rights after purchasing a home with a creek in Colorado. Taralyn shares her painful experiences being sued by the government and the community backlash she faced for pr…
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Richard and Leah Rothstein join the podcast to discuss the history of government action that aided in the creation and enforcement of segregation in American Neighborhoods--and, importantly, what all citizens can do in their communities to undo those injustices. Mr. Richard Rothstein is a Distinguished Fellow of the Economic Policy Institute and a …
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Judge Andrew Edison joins the podcast to discuss the longest land takings fight in American History--the Black Hills of South Dakota land dispute--which has now spanned more than a century. An episode in legal history and includes lessons for lawyers in staying with the fight. Links: https://www.txs.uscourts.gov/page/judge-andrew-m-edison-biography…
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This episode is all about the International Right of Way Association's Annual Educational Conference to be held in Virginia Beach from June 1-4, 2025. Hear from Jane White, the City's Director of Destination Services, who gives great insight into why Virginia Beach will be an exciting and fun location for the 2025 conference. Dave and Kristen are t…
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Professors Jessica Asbridge and Emilio Longoria join host Bobby Debelak to discuss their favorite property law and eminent domain papers of the last year. The scholarship covers the argument for at-will employment as a taking, originalist interpretations of the constitution, deed restrictions, the contract clause, and more. Paper Links: Michael L. …
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In this episode of Infrastructure Junkies, hosts Dave Arnold and Kristen Short discuss the recent changes to the Uniform Relocation Act, focusing on the Final Rule that was implemented after a decade of waiting. They are joined by relocation expert Lisa Harrison of Pinnacle Consulting Management Group, Inc., who provides insights into the distincti…
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131: Tom Forestier on the Austin Airport case, Alamo Plaza taking, and Litigating with Media Coverage
1:18:19
Tom Forestier of Winstead PC joins the show to talk about a career of litigating high profile eminent domain cases, including his work in recent years with the Austin Airport taking case and the expansion of the Alamo Plaza. Bobby and Tom discuss the growing impact of media, from the advent of social media, impacts on grassroots efforts, and handli…
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130: Prof. Ilya Somin on Briefing in Kelo, Exclusionary Zoning, and Finding Common Ground in Property Law
52:53
Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs, writing a book on Kelo (The Grasping Hand) a decade after the decision, and his current work on the costs of exclusionary zoning. Throughout, Bobby and Prof. Somin discuss the common ground …
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The Eminent Domain Podcast returns! Clint Schumacher passes the torch (microphone) to a new host, Bobby Debelak. Clint introduces Bobby, they discuss their eminent domain experience, and plans for the show going forward.由Clint Schumacher & Bobby Debelak
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How do you get to know the newest leader of the premier right of way trade association? An interview with Infrastructure Junkies, of course! In this episode, Dave and Kristen interview Denise Skinner, the incoming International Right of Way Association (IRWA) president. They discuss Denise's motivation for assuming such a significant leadership rol…
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In this episode of Infrastructure Junkies, your hosts are joined by guests Matt Harris and Ray Mehler to discuss various topics related to right-of-way professionals and pop culture. The first theme discussed is relocation, with the hosts and guests sharing their experiences and insights on becoming relocation experts. The second theme revolves aro…
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The best way to understand why we have our standard eminent domain laws and procedures may be to learn through a good story. Houston attorney Bobby Debelak of the law firm McDowell Hetherington joins Infrastructure Junkies to tell the story of Robert Moses, who amassed incredible power despite never being elected to a public office. Morris utilized…
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A right of way professional cannot overlook the importance of a good title search. Keri Dupey from HDR, Inc. joins Infrastructure Junkies to explain and review the significance of title searches, title reports and title examinations of property subject to condemnation or eminent domain. This episode was generously sponsored by Pendulum Land Service…
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The popular Eminent Domain Podcast signed off after a successful six year run. The Eminent Domain Podcast's host, Texas attorney Clint Schumacher, joins the Infrastructure Junkies to reflect upon his show, his experiences, and all that he learned from being the pioneer podcast for the eminent domain industry. Listen in while Clint is on the busines…
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Christina Thoreson, Anthony Alderman and Ross Greene return to Infrastructure Junkies for more! Will eminent domain and right of way appraisers be replaced by artificial intelligence ( "AI" )? Can AI supplement or improve appraisal methodology? Wouldn't the use of AI remove inherent human bias in testimony? The group also discusses the sales compar…
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Infrastructure Junkies invited two of their favorite real estate appraisers, Christina Thoreson and Anthony Alderman, to discuss a variety of hot appraisal topics encountered in right of way acquisitions and eminent domain cases. Attorney Ross Greene (Mr. "chicken sacrificing voodoo" himself) infuses the conversation with more than his fair share o…
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In this final and farewell episode of the podcast, we reflect on the many guests and therefore perspectives that we have had on the show, and the important issues we have discussed over the last several years. There is also a behind-the-scenes story from the early years of the podcast. Thank you to all the guests and listeners who have made this po…
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Shant Boyajian of Nossaman, LLP joins the Infrastructure Junkies to update listeners on the progress of the Infrastructure Investment and Jobs Act. Has this funding caused the dramatic boom in the right of way industry as predicted? What projects are being funded and how? Have there been any surprises? Is this just the beginning or is the money run…
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Eminent domain can seem oppressive and unfair. The American system of compulsory acquisition features constitutional restrictions and obligations, as well as numerous duties imposed on condemning authorities and rights conferred upon impacted landowners. Our right of way acquisition process has come a long way, yet imperfections persist. Do we have…
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127. Robert Thomas on Eminent Domain Cases to Watch and the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference
48:36
Robert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February. Click here for inf…
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Investigative journalists Brandi Kellam and Louis Hansen have uncovered the story of the Shoe Lane community in Newport News, Virginia, a middle-class black neighborhood that has been largely displaced and thwarted in its plans for growth by the establishment and expansion of a local university. Louis and Brandi’s work underlines the true impacts o…
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Renowned Author Howard Mansfield returns to Infrastructure Junkies to discuss two more chapters of his book, The Habit of Turning the World Upside Down. In this Season 4 finale, Howard tackles "The Last Medieval Claim" by recounting some of the earliest battles for American soil which occurred in the courts across the ocean, and involved people who…
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125. Professor Shelley Ross Saxer on Inverse Condemnation Claims in Hawaii Wildfire Litigation
28:38
Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters such as the recent Hawaii wildfires. Professor Saxer’s book: Social Ecological Resilience and Sustainability Please share y…
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Dominion Energy Senior Counsel Karla Carter joins Infrastructure Junkies to discuss the complicated history of heirs property issues. What exactly is "heirs property"? What are the effects--both intended and unintended--on certain segments of the American population? What are our obligations to heirs property in the right of way context? When conde…
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The overwhelming majority of eminent domain cases settle, and Stephen Clarke of the Waldo & Lyle law firm in Virginia joins the show today to share insights on negotiating and documenting settlement agreements effectively. We also talk about his most recent appearance on the game show Jeopardy! Please share your thoughts on the show or this episode…
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Southeastern Virginia is comprised of seven cities, each of which is waterfront, and many of which are separated by large bodies of water. The Hampton Roads Bridge Tunnel was constructed in the mid 1950's to connect Norfolk and Virginia Beach with Newport News and Hampton without obstructing marine traffic. The Virginia Department of Transportation…
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Matthew Ackerman of the Ackerman & Ackerman law firm in Michigan joins the show to discuss what he has called “the pitfalls of objectively measured just compensation” – in other words, the ways in which fair market value may not make a property owner whole in the wake of a taking. Matthew also dives into potential reforms to address the intangible …
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A controversial and sometimes shady right of way project may be single-handedly responsible for the City of Los Angeles as we know it, and all that it represents. The Los Angeles Aqueduct, the brain child of William Mulholland and Fred Eaton, miraculously transformed a sleepy oil town into a world famous metropolis. Armchair Engineer Adam Ratliff (…
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Waterfront property lawyer Bryan Peeples joins the Infrastructure Junkies to discuss exclusive rights enjoyed by waterfront property owners -- better known as "riparian property rights". Bryan explains that riparian rights are valuable real property rights which, in most cases, cannot be taken without just compensation. Bryan defines each of the fi…
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James Lang of the Pender & Coward law firm joins the podcast to talk about the recent U.S. Supreme Court decision in Sackett v. EPA. He also discusses the historical definitions used for the term “waters of the U.S.,” important in understanding the jurisdiction of the federal government to regulate land under or adjacent to waterways. Texas A&M Ass…
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121. Deborah La Fetra on FOMB for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa
27:38
Deborah La Fetra of the Pacific Legal Foundation joins us to talk about the case of Financial Oversight and Management Board for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa, a unique case where the boundaries of just compensation and governmental restructuring collide. Deborah and PLF served as counsel for several of the unpaid prop…
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In some jurisdictions, the loss of business goodwill is compensable in condemnation cases. Chartered Financial Analyst and Accredited Senior Appraiser Will Thomsen joins the show to discuss the factors that contribute to business goodwill, how he measures the impact of a taking on business goodwill, the evidence he relies on to support his valuatio…
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David Koller of Cushman & Wakefield’s Chicago office joins the show to discuss his specialization of machinery and equipment valuation. We talk about the methodology involved, some unique examples of his work, how equipment appraisers collaborate with other professionals in the valuation process, and David’s advice to property owners with a need fo…
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Personal injury attorney and trial consultant Elizabeth Larrick joins the show to share her wisdom on preparing witnesses for deposition. We talk about assessing the strengths and weaknesses of witnesses, using preparation time effectively, the tools and technology she finds useful, and encouraging hesitant clients. Elizabeth’s expertise is invalua…
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117. Corridor Preservation - Valuation Issues Posed by Efforts to Restrict Development in Future Highway Corridors with Richard Marchitelli and Cory Savik
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Richard Marchitelli and Cory Savik join the podcast to talk about their work in a series of inverse condemnation cases arising in North Carolina when the State sought to restrict or prohibit development within corridors where they planned future projects. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If yo…
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Incoming International Right of Way Association President Fred Easton joins the Infrastructure Junkies to discuss his vision for the upcoming term. Fred brings his philosophies and grand plans to the discussion table, as well as his passion for education within the organization. Listen in to get to know Fred Easton better, and don't miss the specia…
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Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence. There are some great nuggets of wisdom. Please share your thoughts on the show or this episode with me. I’m on Twitter @…
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In anticipation of our mid-season finale with incoming International Right of Way Association President Fred Easton, we are re-releasing an entertaining and controversial interview with Jake Farrell, who took the reigns of the IRWA at the San Antonio conference in 2021.由Dave Arnold, Kristen Short Bennett
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Mike Schopmeyer and Michael DiRienzo of Kahn, Dees, Donovan & Kahn, LLP in Evansville, Indiana join the show to talk about a case that they recently completed and took through appeal called Guzzo v. Town of St. John. It is an interpretation of Indiana’s post-Kelo legislation and also involves issues of highest and best use. Since the recording of t…
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Renowned author Howard Mansfield returns to Infrastructure Junkies to discuss two more chapters of his fabulous book, The Habit of Turning the World Upside Down. Listeners met Howard in the kickoff episode of Season 4 when he brought us tales of attempts to drain the Great Dismal Swamp and the Ballad of Romaine Tenney. This time Howard discusses "T…
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In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the Penn Central test, why he wants to change it, and what he is doing about it. We also discuss NY Jets football and the big Aaron Rodgers trade. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future sho…
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In this 5th installment of the Infrastructure Junkies Roundtable series, your hosts invite some young(er) right of way professionals to share what's on their mind in this popular format. You know the routine...everyone brings one topic in right of way, and one in pop culture and the group discusses. Listen in to some outstanding insight about the w…
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This episode is the audio from a presentation given to the local International Right of Way Association on the topic of obstacles that arise in negotiations. It is a candid discussion about issues that arise on either side of an eminent domain negotiation that create friction. Please share your thoughts on the show or this episode with me. I’m on T…
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Infrastructure Junkies host TikTok sensation and co-influencer, the Armchair Engineer to lead them through an examination of what is perhaps America's greatest infrastructure marvel of all time, the Hoover Dam. Listen in to learn about the taming of the wild and wonderous Colorado River and political jockeying for water allocation among the seven s…
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Kady Valois of Pacific Legal Foundation joins to discuss the recent case of Behrens v. United States from the Federal Circuit. This is a rails-to-trails case where the outcome hinged on the language of an old easement. The issues in this case have applicability in many types of cases involving the acquisition of easement rights. Please share your t…
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It's difficult to imagine that just a century ago, airplane contrails were never seen in the sky. There was no airline industry to speak of. In 1900, airplanes did not even exist. Now we live in a world that relies on safe and reliable air travel. What was the genesis of our massive airline infrastructure? Professor Greg Jackson from the "History T…
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The person who is unafraid to show their authentic self is a powerful advocate. Authenticity gives us greater empathy for our clients, for the jury, even for opposing witnesses. Today’s episode is about identifying our core values and understanding our authentic self – important processes for excelling in all areas of life, including the honorable …
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Environmental attorney Jim Lang joins the Infrastructure Junkies to educate us on wetlands and their effects on a right of way project, infrastructure development or property acquired by eminent domain. How do you define wetlands, and what the heck are they? How are wetlands identified? Why are wetlands important? How are wetlands regulated? And wh…
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