Come and Take It: The Eminent Domain Podcast

Emilio Longoria returns to the podcast to make the argument for why condemning authorities should pay landowners' attorneys fees in eminent domain cases. Bobby plays Devil's Advocate and presents the arguments for the existing default rules. After discussing the legal background arguments, they examine a sample of different state structures as examples of how differently states handle attorneys' fees. Emilio offers some practice tips on structuring engagement letters for landowners' counsel. Link: https://ackerman-ackerman.com/why-condemnors-should-pay-property-owners-attorney-fees-in-eminent-domain-cases-and-a-50-state-survey-on-the-issue/

In this episode, Alan Lichtenstein joins to discuss one avenue for landowners facing eminent domain to potentially minimize the tax impact of takings: 1033 Exchanges. The episode begins with a general discussion of the requirements of 1031 (or, voluntary) exchanges, which listeners may be more familiar with. Alan then explains some of the additional flexibility and options that 1033 exchanges offer for involuntary sales of property, like eminent domain. At the end, Alan shares his thoughts on what a great Super Band would look like of his favorite musicians. DISCLOSURE: The information herein has been prepared for educational purposes only and does not constitute an offer to purchase or sell investments. This material is not to be interpreted as tax or legal advice. Please speak with your own tax and legal advisors for advice/guidance regarding your particular situation. DST 1031 properties are only available to accredited investors (typically defined as having a $1 million net worth excluding primary residence or $200,000 income individually/$300,000 jointly of the last two years and reasonably expects the same for the current year) and accredited entities. There are material risks associated with investing in private placements, DST properties and real estate securities including illiquidity, general market conditions, interest rate risks, financing risks, potentially adverse tax consequences, general economic risks, development risks, and potential loss of the entire investment principal. Links: Alan Lichtenstein Profile: https://www.1031dst.com/alan-n-lichtenstein/ Alan Lichtenstein Email: alichtenstein@fortittudeinvestments.com LinkedIn: https://www.linkedin.com/in/alan-n-lichtenstein-a77b926/ General Website: www.1031dst.com

In this episode, David Dominy and Cameron Boone (two appraisers with JLL) discuss property access issues, and how changes in either the quality or quantity of access can impact valuation in eminent domain proceedings. Throughout, they distinguish control of access from circuity of travel issues, discuss a few of the key Texas legal principles and cases that define the scope of permitted access damages in condemnation cases, discuss the challenges of valuing a loss of access in the market, and provide examples from their experience. Links: David Dominy at JLL: https://www.us.jll.com/en/people/david-dominy Cameron Boone at JLL: https://www.us.jll.com/en/people/cameron-boone Episode 108: Mayor Steve Adler on the ED Podcast: https://podcasts.apple.com/us/podcast/special-joint-episode-with-the-infrastructure/id1437306753?i=1000599502892 State v. Schmidt (SCOTX, 1994): https://casetext.com/case/state-v-schmidt Interstate Northborough v. State (SCOTX, 2001): https://casetext.com/case/interstate-northborough-v-state TXDOT Manual on Access Management: https://onlinemanuals.txdot.gov/TxDOTOnlineManuals/TxDOTManuals/acm/manual_notice.htm

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/robert-h-thomas/ https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-2025-CG204

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 Senior Fellow (emeritus) at the Thurgood Marshall Institute of the NAACP Legal Defense Fund. He is the author of The Color of Law: A Forgotten History of How Our Government Segregated America, which recovers a forgotten history of how federal, state, and local policy explicitly segregated metropolitan areas nationwide, creating racially homogenous neighborhoods in patterns that violate the Constitution and require remediation. The book has almost 18,000 reviews and a 4.8 rating on Amazon. He is a graduate of Harvard University and previously served as the former national education columnist for The New York Times. Ms. Leah Rothstein also works on public policy and community change, from the grassroots to the halls of government. She led the Alameda County and San Francisco probation departments' research on reforming community corrections policy and practice to be focused on rehabilitation, not punishment. She has been a consultant to nonprofit housing developers, cities and counties, redevelopment agencies, and private firms on community development and affordable housing issues. Her policy work is informed by her years as a community organizer with PUEBLO and Californians for Justice, and as a labor organizer with the Union of Needletrades, Industrial, and Textile Employees (UNITE). Their new book, Just Action, discusses local and community initiatives that all citizens can take to begin remedying the wrongs of the past. Other Links: Just Action on Amazon: https://www.amazon.com/Just-Action-Challenge-Segregation-Enacted/dp/1324093242#customerReviews Just Action Book page with links and resources: https://www.justactionbook.org/

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. Smith, Is Originalism Bulls**t? https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4749322 Maureen E. Brady, Covenants and the Contract Clause, Va. Envt'l L.J. (forthcoming 2025), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4856354 Racabi, At Will as Taking, https://www.yalelawjournal.org/essay/at-will-as-taking Ken Stahl, The Power of State Legislatures to Invalidate Private Deed Restrictions: Is It an Unconstitutional Taking?, 50 PEPP. L. REV. 579 (2023), https://digitalcommons.pepperdine.edu/plr/vol50/iss3/4/ Asbridge, Fines, Forfeitures, and Federalism, Virginia L. Rev. (forthcoming 2025), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4743053 Longoria, Hoardings, Villanova L. Rev, https://www.villanovalawreview.com/article/123450-hoardings Longoria, Properly Construing the Just Compensation Clause, https://bclawreview.bc.edu/articles/3088

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 that otherwise-differing philosophies find in property law. Links: https://www.law.gmu.edu/faculty/directory/fulltime/somin_ilya https://www.cato.org/people/ilya-somin https://www.theatlantic.com/ideas/archive/2024/06/constitutional-case-against-exclusionary-zoning/678659/ https://www.amazon.com/Grasping-Hand-London-Limits-Eminent/dp/022642216X/ref=tmm_pap_swatch_0?_encoding=UTF8&dib_tag=se&dib=eyJ2IjoiMSJ9.Av65EcHKeo7CqGfLDs_9-g.tENW9VkASB1jBty2_iVzTu5b5-S5ECKGI_CBiubYZHA&qid=1724864661&sr=1-1

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 podcast possible. It has been a great joy and pleasure. Old episodes will remain accessible at www.eminentdomainpodcast.com. Farewell.