Eminent Domain and Land Valuation Litigation: Trends and Updates in 2017 & Beyond
Eminent domain is the right of government agencies to take private property for public use. Also called Condemnation, the practice in this area continues to evolve as a result of new legislation and court rulings.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will discuss recent updates on eminent domain law and certain of the cutting-edge issues in property valuation that arise in the context of condemnation matters. They will also give discuss recent court decisions affecting practice in this area.
Key topics include:
- Overview of the Condemnation Process
- Current Access Issues
- Relocation: Personal Property, Fixtures, and Equipment
- Ethical Issues
- Regulatory Updates
- Recent Court Rulings
- Overview of Condemnation Process – Karyn
- California-focused with a look at some state-to-state variations
- Choosing an Appraisal Expert – Philip
- National – more prominent; name recognition
- Local – knowledge of local market; known to court
- Pre-trial Conference to Define and Narrow Issues – Philip
- Promotes efficiencies in preparation and trial itself
- Real Property vs. Fixture Issues – Philip
- Claimant/respondent perspectives
- Fixture appraisals
- Industry experience and knowledge of fixture market
- Impairment of Access Issues – Karyn
- balancing inherent right of access against police power
- damages considerations
- Damages for Diminution in Value -- James
- partial taking that impairs access to the remainder
- Leasehold Interest Valuation -- James
- problems faced by the lessee when it constructs improvements but the property is condemned prior to the expiration of the initial term of the lease
- “Dividing the Pie” identification for purposes of a regulatory takings claim -- James
- Murr v. Wisconsin (argued March 20, SCOTUS)
- Direct Examination of Expert – Philip
- Walk through report or submit
- Cross Examination of Opposing Expert– Philip
- Thorough research of comparable sales
- Research publications, prior testimony of expert
- Post-trial Submissions – Philip
- Opponent’s weaknesses
- Relocation Benefits – Karyn
- Ethics Considerations – panel at large
Who Should Attend:
- Condemnors & Condemning Agencies
- Property Owners
- Land Valuation Lawyers
- Land Acquisition Lawyers
- Benefits Officers
- Jury Trial Experts
- Valuation Professionals
- Governmental Entities
- Quasi-Governmental Entities
James T. Braselton is a member/partner in Dickinson Wright’s Phoenix office. James focuses his practice on condemnation, real property tax appeals, land use matters, government contracts and municipal law. He counsels his clients on real property rights, land use regulations, and eminent domain actions, among others. James works with clients ranging from small investment ventures to large corporations to municipalities. He consistently appears in Best Lawyers in America rankings, as well as Southwest Super Lawyers and Benchmark Litigation for his work in the field of eminent domain law. James was selected as the Best Lawyers’ 2016 Eminent Domain and Condemnation Law Lawyer of the Year for the Phoenix market. He received his B.S. in Civil Engineering from the University of Illinois and his J.D. from Arizona State University.
James T. Braselton is a member/partner in Dickinson Wright’s Phoenix office. James focuses his practice on condemnation, real property tax …
Karyn A. McCreary Jakubowski is a partner at the law firm of Sullivan, Workman & Dee, LLP in Los Angeles. Ms. Jakubowski’s practice is primarily dedicated to eminent domain and real estate litigation, and has represented both condemning agencies and private property owners. Ms. Jakubowski has engaged in lease reviews, drafted purchase and sale agreements for real property transactions, coordinated escrows, reviewed and drafted leases, conducted due diligence regarding title disputes, litigated easement disputes, and litigated both commercial and residential landlord and tenant disputes. Ms. Jakubowski also represents clients in California employment litigation arising under the California Fair Employment and Housing Act and the California Labor Code.
Ms. Jakubowski received her law degree from the University of Michigan Law School in 2003. She has been a member of the firm since July, 2003, and was elevated as a partner of the firm in 2006. Ms. Jakubowski is currently admitted to the State Bar of California and the United States District Court for the Central District of California. She is a member of the American Bar Association, the Los Angeles County Bar Association, Chapter 67 of the International Right of Way Association, and is currently serving on the steering committee for the Eminent Domain and Inverse Condemnation Subsection of the Real Property Law Section of the California State Bar Association.
Ms. Jakubowski has co-authored articles on the role of ethics in eminent domain for the CLE International Conference in Eminent Domain held annually in Los Angeles, California and is a contributing author to the California State Bar Real Property Law Sections’ e-Bulletin. Ms. Jakubowski also served as a contributing author for volumes 8 through 10 of Nichols on Eminent Domain, the leading national treatise in the field of eminent domain. She has also been a guest lecturer at the University of La Verne College of Law and the Real Property Section for the Los Angeles County Bar Association.
Karyn A. McCreary Jakubowski is a partner at the law firm of Sullivan, Workman & Dee, LLP in Los Angeles. …
Philip G. Spellane is a partner in the Business and Commercial Litigation Practice at Harris Beach PLLC and a Fellow of the American College of Trial Lawyers. He was also named a Best Lawyer in Bet-the-Company Litigation, Commercial Litigation, Eminent Domain and Condemnation Law. His commercial litigation practice includes eminent domain proceedings, valuation proceedings, real property tax assessment, civil litigation and professional malpractice defense. Mr. Spellane has represented New York agencies in eminent domain acquisitions and ensuing valuation proceedings, as well as numerous other private and public entities in eminent domain and condemnation proceedings and related valuation litigation.
Philip G. Spellane is a partner in the Business and Commercial Litigation Practice at Harris Beach PLLC and a Fellow …
Print and review course materials
Method of Presentation:
Experience in real estate law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Dickinson Wright
Dickinson Wright PLLC is a general practice business law firm with more than 400 attorneys who are experienced in more than 40 practice areas. The firm has seventeen offices, including Phoenix, AZ; six in Michigan (Detroit, Troy, Ann Arbor, Lansing, Grand Rapids, and Saginaw) and eight in other domestic offices in Austin, Texas; Columbus, Ohio; Ft. Lauderdale, Fla.; Lexington, Ky.; Las Vegas and Reno, Nev.; Nashville, Tenn. (2); and Washington, D.C. The firm’s Canada office is located in Toronto.
The firm offers clients a distinctive combination of superb client service and exceptional quality. Dickinson Wright lawyers are known for delivering commercially-oriented advice in connection with sophisticated transactions and have a remarkable record of wins in high-stakes litigation. Dickinson Wright lawyers are regularly cited by Chambers, Best Lawyers, Super Lawyers and other leading independent law firm evaluating organizations.
About Sullivan, Workman & Dee, LLP
Since its inception, Sullivan, Workman & Dee, LLP has been dedicated to protecting private property rights and seeking greater compensation for property and business owners threatened with an eminent domain situation. For over 55 years, our attorneys have handled thousands of eminent domain and inverse condemnation matters resulting in jury verdicts and settlements that have provided our clients with hundreds of millions of dollars in just compensation.
We also provide full-service representation in the focused areas of general real estate and real estate litigation, land use and zoning, estate planning, probate and trust administration, elder law, general business and business litigation, employment discrimination and wrongful termination, and sales representatives and commission disputes.
About Harris Beach PLLC
Harris Beach is one of the oldest and largest law firms in New York state and among the country’s top law firms as ranked by The National Law Journal. The firm is a full service law firm that represents a wide range of clients, including Fortune 500 corporations, privately-held companies, public sector entities and not-for-profit organizations. Harris Beach is ranked by U.S. News and World Report as a Top Tier firm in every major area of law, and was named in 44 practice group categories in Best Lawyers in America.
Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, nationally and internationally. With over 27 practice groups and 17 industry teams, the firm provides the full depth and breadth of legal services. Principal industries represented include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.