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Sponsored by Lorman Education
Product ID: 406750EAU
 
Credit & Course Provided by:

Recent Developments in Eminent Domain

OnDemand Webinar (91 minutes)

Learn about the emerging issues with eminent domain and understand how it affects your clients and your practice.Whether arising under state or federal laws, land rights acquisition by utilizing the eminent domain process is always challenging. Although there are no two projects that are the same, and while states and federal procedures can differ in condemnation, there are common challenges and/or missteps for utilizing eminent domain tools that often arise. This topic will range from understanding negotiation requirements, to utilizing statutory survey entry, documenting communications, preparing final offers, and litigation support in the eminent domain process. As has been in the news in recent years, eminent domain litigation is rapidly-evolving, and novel defense theories are gaining headway against condemning authorities, and we will touch on some of those setbacks during this topic. This topic is intended to aid the novice to expert land acquisition practitioner, surveyors, appraisers, and entities with eminent domain authority in understanding the basic legal concepts, as well as an aid to attorneys new to the field and a refresher for seasoned practitioners.

Authors

Beth R. Minear, Esq., Global Project Solutions Consultants, LLC

Agenda

The Constitutional Perspective

• States and Federal Eminent Domain

• Public Purpose Examined

• Just Compensation - Examining the Jurisdictional Statutes

• Procedural Issues

Eminent Domain in Project Acquisition

• Public Purpose Examined

• Route Selection - Analyzing Alternative Routes

• Right-Of-Entry for Property Analysis

• Title Examination by Project Need

• Creating the Risk Register

Just Compensation

• Finding Comps Using Various Sources

• Identifying Compensation Requirements by Jurisdiction

• Calculating the Offer

• Negotiations and Documentation

• Formal Offers/Final Offers

Condemnation Filing and Access

• Immediate Entry Jurisdictions

• Delayed Entry Jurisdictions

• Juries, Commissioners, Bench Determinations

Recent Developments in Condemnation Law