Eminent Domain and Land Valuation Litigation

Transcription

1 ANNUAL ADVANCED COURSE and LIVE VIDEO WEBCAST Eminent Domain and Land Valuation Litigation THURSDAY - SATURDAY JANUARY 25-27, 2018 CHARLESTON, SC Generously sponsored by:

2 PLANNING CHAIRS (also on faculty) Robert H. Thomas Damon Key Leong Kupchak Hastert, L.C. Joseph T. Waldo Waldo & Lyle, P.C. CONDEMNATION 101 TRACK PLANNING CHAIRS (also on faculty) Andrew Prince Brigham Brigham Property Rights Law Firm PLLC Jack R. Sperber Faegre Baker Daniels LLP FACULTY Keith M. Babcock Lewis Babcock L.L.P. Michael M. Berger Manatt, Phelps & Phillips, LLP Dana Berliner Senior Vice President and Litigation Director, Institute for Justice William G. Blake Blake Austin Law Firm Amy Brigham Boulris Gunster, Yoakley & Stewart, P.A. Maureen E. Brady Associate Professor of Law, University of Virginia School of Law Jay Bressler Assistant General Counsel, SCANA Corporation Peter A. Buchsbaum Lanza & Lanza LLP; former Judge, New Jersey Superior Court James S. Burling Vice President for Litigation, Pacific Legal Foundation Lynda L. Butler Chancellor Professor of Law and Director, William and Mary Property Rights Project and Co-Chair, President's Committee on Sustainability, William & Mary Law School Brandee L. Caswell Faegre Baker Daniels LLP Stephen J. Clarke Waldo & Lyle, P.C. Christopher M. Clough Barron, Adler, Clough & Oddo, LLP Regina Danner Richards, Watson & Gershon Anthony F. DellaPelle McKirdy, Riskin, Olson & DellaPelle, P.C. Bernadette M. Duran-Brown Nossaman LLP L. Steven Emmert Sykes, Bourdon, Ahern & Levy, P.C. Jill S. Gelineau Schwabe, Williamson & Wyatt, P.C. W. Andrew Gowder, Jr. Austen & Gowder, LLC John M. Groen Executive Vice President and General Counsel, Pacific Legal Foundation Stephen D. Gurr Bryan Cave LLP Janet Bush Handy Special Assistant Attorney Genereal to the Territory of Guam Deborah B. Haskell Winthrop Real Estate Advisors Mark F. (Thor) Hearne, II Arent Fox LLP Warren C. Herlong, Jr. Helmsing, Leach, Herlong, Newman & Rouse, P.C. Matthew Holt Assistant Professor, Department of Finance, New Mexico State University Jeremy P. Hopkins Cranfill Sumner & Hartzog LLP Jonathan M. Houghton Goldstein Rikon Rikon & Houghton P.C. Kandice Kerwin Hull McNees Wallace & Nurick LLC Chris Johns Johns Marrs Ellis & Hodge LLP Judith Katz Berger & Webb, LLP Sarah Kellner Faegre Baker Daniels LLP Christopher W. Kramer Jennings, Strouss & Salmon, PLC Brian G. Kunze Waldo & Lyle, P.C. Susan Macpherson Senior Litigation Consultant and Vice President, National Jury Project Litigation Consulting James D. Masterman Greenberg Traurig, LLP Dwight H. Merriam Robinson & Cole LLP Anthony H. Misseldine JacksonWhite PC Kevin O Keefe CEO, LexBlog, Inc. Michael Rikon Goldstein Rikon Rikon & Houghton P.C. J. Clint Schumacher Locke Lord LLP Steven M. Silva Fennemore Craig, P.C. Randall A. Smith Smith & Fawer, L.L.C. Joseph P. Suntum Miller, Miller & Canby, Chartered Christian F. Torgrimson Pursley Friese Torgrimson Charles S. Webb III Berger & Webb, LLP Kinnon W. Williams Inslee, Best, Doezie & Ryder, PS Jonathan Wood Pacific Legal Foundation Cortney Young Fennemore Craig, P.C. ALI CLE Senior Program Attorney Amy S. Weinberg (aweinberg@ali-cle.org)

3 PROGRAM OVERVIEW Join us in historic Charleston to examine the latest issues, engage in healthy debate, and get the information you need to stay current in your practice! Exploring a full range of cutting-edge issues and drawing professionals from across the country, this annual conference is the place to be for all eminent domain and land use practitioners. Customize the unique curriculum to work for you! Experienced practitioner? Choose from dual afternoon tracks addressing key issues in substantive takings law, or choose from an array of sessions chock full of practice pointers. New to the practice or need a refresher? Attend the Condemnation 101 bootcamp sessions on Thursday, then join the other attendees for the rest of the conference s more advanced sessions. Either way, you ll learn from recognized and experienced professionals representing the diverse stakeholders in these cases. Just some of the all new topics in 2018 include: Takings and damaging by flood Blocking defenses, controlling the witnesses, and converting for verdicts Utility crossing disputes Protecting your record and anticipating appeals Property rights in the age of global warming Building and growing your eminent domain practice with social media (and the ethical issues that social media raises) Alternative dispute resolution in condemnation Project influence how to educate the bench Valuation issues in transportation corridor construction Networking, networking, networking! Meet like-minded practitioners from across the country at breakfasts, breaks, a reception on Thursday afternoon, a luncheon on Friday, and social activities in the evenings arranged by a special hospitality committee. The content of the course continues to be great, especially updates on emerging issues CLE CREDIT HOURS, INCLUDING HOUR OF ETHICS CPE CREDIT HOURS IN BUSINESS LAW Go to to register online or for more information about the program, hotel accommodations, study materials, and CLE/CPE credit.

4 AGENDA ALL TIMES EASTERN WEDNESDAY, JANUARY 24 3:00 PM - 5:00 PM Early Registration (optional) THURSDAY, JANUARY 25 8:00 AM Registration and Continental Breakfast 8:55 AM Welcome and Announcements WEBCAST SEGMENT A 9:00 AM Conference Overview 9:15 AM Eminent Domain National Law Update 10:15 AM Networking and Refreshment Break CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms.) CONDEMNATION 101* 10:30 AM Why Would Anyone Want to Do This Anyway? The Opportunities and Challenges of an Eminent Domain Practice 11:15 AM Effective Case Planning: Getting Your Case Off to a Good Start GENERAL SESSION Overlap of Condemnation and Regulatory Takings: Murr and Other Blurred Lines Pipeline and Transmission Corridor Cases: What Should an Owner Consider When Assessing the Impact of the Taking? 12:00 PM Lunch Break (on your own) WEBCAST SEGMENT B CONDEMNATION 101* PRACTICE* SUBSTANTIVE 1:30 PM Back to Basics: An Overview of Common Condemnation Issues 2:15 PM Typical Valuation Approaches and How to Deal with Them Due Process, Equal Protection, and Relocation: Regulation and Enforcement Must Comply with the Constitution Takings and Damaging by Flood: Case Selection Advice for Savvy Practitioners Living with Lenders: Their Opportunity to Participate and Owner Counsel s Right to a Fee Strict Construction: How to Make It Work in the Courtroom 3:00 PM Networking and Refreshment Break

5 CONDEMNATION 101* PRACTICE* SUBSTANTIVE 3:15 PM Working with Appraisers Quarterbacking the Case: Blocking Defenses, Controlling the Witnesses, and Converting for Verdicts What Difference Does It Make If the Condemnee Is a Religious Institution? Valuation, Discovery, and Motions Practice 4:00 PM Practice Tips and Pitfalls for the Beginning Eminent Domain Lawyer We ve Been Working on the Railroad: Utility Crossing Disputes Second Avenue Subway: Valuation Issues in Transportation Corridor Construction 5:00 PM Adjournment for the Day; Meet and Greet Networking Reception for Registrants and Faculty (generously sponsored by Cushman & Wakefield and McFarland PLLC) 6:00 PM Hospitality and Networking Events Join colleagues, faculty, and the Hospitality Committee for dinner (not included in tuition) Hospitality Committee Chairs: Donna Elliott, Andrew Gowder, and Joseph Sherman FRIDAY, JANUARY 26 7:30 AM Networking and Continental Breakfast WEBCAST SEGMENT C 8:00 AM Ethics and Social Media for Takings Attorneys 9:00 AM Protecting the Record and Anticipating Appeals 9:45 AM Networking and Refreshment Break 10:00 AM Lucas 25 Years Later: Property Rights in the Age of Global Warming 11:00 AM How to Make the Story Effective: Advice from a Jury Consultant 12:00 PM Lunch (generously sponsored by Cushman & Wakefield; Goldstein, Rikon, Rikon & Houghton; and McFarland PLLC) WEBCAST SEGMENT D PRACTICE* 1:15 PM Building and Growing Your Eminent Domain Practice with Social Media SUBSTANTIVE Orange Barrel Litigation: Temporary Takings Caused by Construction 2:00 PM Alternative Dispute Resolution in Condemnation: An Eminently Agreeable Solution Project Influence: How to Educate the Bench 2:45 PM Networking and Refreshment Break PRACTICE* 3:00 PM Cross-Examination of Experts: Preparation, Mistakes, and Getting It Right 3:45 PM In Limine Practice: Bringing Your Case Back to Earth and What the Jury Will Hear SUBSTANTIVE Attorney s Fees: Avenue for Recovery of Contingent Fees in Lodestar Settings Easements: Litigation Assumes All Rights Taken Will Be Used to the Fullest Extent

6 4:45 PM Adjournment for the Day; Hospitality Events and Networking - Join colleagues, faculty, and the Hospitality Committee for dinner (not included in tuition) 5:00 PM Optional viewing of Little Pink House, the recently released film about the Kelo v. City of New London case (not webcast or recorded; not for CLE credit) SATURDAY, JANUARY 27 8:30 AM Networking and Continental Breakfast WEBCAST SEGMENT E 9:00 AM Regulatory Takings Update 10:00 AM Should We Rethink Regulatory Takings Law? The Takings Clause, Privileges and Immunities, and Due Process 11:00 AM Networking and Refreshment Break 11:15 AM National Forum: Issues Facing Practitioners Around the Nation 12:00 PM Adjournment Great seminar I would have gone to all speeches if I could have been in two places at once. * Not webcast or recorded HOTEL ACCOMMODATIONS A room block is available until January 4, 2018, at the Francis Marion Hotel at the rate of $189 per night, single or double occupancy, unless the block sells out before that time. Registrants must make their own reservations by calling the hotel at or and referencing code American Law. An online reservation link and related details can also be found at under the Venue tab. STUDY MATERIALS Course materials will be available in electronic format for download the week before and during the course. Print materials will not be distributed. All registrants are advised to bring laptops or tablets to the course to view the course materials, including updates. Go to for more info about: Registration/cancellation/requirements for persons with disabilities/scholarships. MANDATORY CLE CREDIT ALI CLE programs are accredited in all MCLE jurisdictions. Credit in CO is available by reciprocity; credit in ID, LA, and RI is available upon request. For specific information on CLE, CPE, or other professional accreditation in your state, TeamMCLE@ ali-cle.org, go to or call CLE- NEWS. NASBA ALI CLE is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors through its website: For information on ALI CLE s complaint and refund policies, call Customer Service at (800) CLE-NEWS. CPE credit hours for this course: 18 in Business Law. Learning Objectives: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments. Suggested Prerequisite: Experience in practice in subject matter. Level of Instruction: Advanced PRICING DETAILS STANDARD RATE $1,799 WEBCAST RATE $1,399

7 INTERESTED IN FREE CLE? EMINENT DOMAIN GOES TO THE MOVIES If you joined us in Austin in 2016, you ll remember Robert Thomas interview with Ted Balaker, producer of the recently debuted film, Little Pink House. This year, attendees can enjoy an exclusive screening of this movie, an important look at the story behind Kelo v. City of New London, at the end of Friday s sessions. For an additional $200, get UNLIMITED access to top quality programs like this one by upgrading to a LawPassSOLO Premium Subscription. Priced at $1,999, this subscription offers full access to ALI CLE's in-person courses (on-site or via webcast), over 400 on-demand programs, course materials, and digital form libraries. Call CLE-NEWS ( ) or CustServ@ali-cle.org to register for this course or to upgrade to a LawPassSOLO Premium Subscription today! VISIT CHARLESTON Coming early or staying in Charleston for the weekend? The city has something for everyone! History buff? Take a boat ride over to Fort Sumter, and learn about where the Civil War began in Bringing the kids? Visit the South Carolina Aquarium or go on a Children s Treasure Hunt Tour, led by a pirate. Outdoor adventure enthusiast? Kayak, paddleboard, or fish your way through the creeks and marshes of the Lowcountry. Oyster shucker? Enjoy live music, drinks, and 80,000 pounds of oysters at the Lowcountry Oyster Festival on Sunday, January 28.