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.
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on December 11, 2019.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Beth R. Minear, Esq.
Global Project Solutions Consultants, LLC
- Founder of Minear Law Offices, PLLC and Global Project Solutions Consultants, LLC, woman-owned businesses
- Service to the energy, utility, and critical infrastructure industries as trusted attorney and consultant for more than 20 years
- First chair trial attorney in state and federal courts of multiple states, utilizing emerging and novel evidence to educate juries, courts, and other triers of fact
- Areas of expertise are route selection and project siting, land acquisition planning, stakeholder engagement and outreach messaging, regulatory compliance, and encroachment remediation and asset protection of critical infrastructure protection
- Advises clients on eminent domain strategies in each state, regulatory matters including electronic discovery, FERC Order 1000 for the electric industry and PHMSA compliance for natural gas
- J.D. degree, Capital University Law School; studied at St. Anne’s College, University of Oxford
- Can be contacted at [email protected]
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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