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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, April 29, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE course will provide real estate counsel with advice on property owners' rights in eminent domain and condemnation claims filed by the government. The panelist will address what is considered fair market value in a takings claim and how to dispute claims of public use. The panelist will also advise on situations when a claim for inverse condemnation may be invoked.

Faculty

B. Joan Davis
Owner
Howard Stallings From Atkins Angell & Davis, PA

Ms. Davis has over 30 years of experience in eminent domain and condemnation law and has taught seminars to other lawyers on how to handle condemnation cases involving commercial property. She has a wide range of experience in federal district court, federal bankruptcy court, and many state court systems. Ms. Davis represents Fortune 100 and Fortune 500 clients, as well as real estate developers, shopping centers, and retailers and lenders. For example, she is regional condemnation counsel for McDonald’s Corporation, Walgreens Co. and Harris Teeter, just to name a few. She also represents lenders and landowners in complicated real estate matters and land condemnation cases.

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Description

The government retains the right at all levels--federal, state, and municipal--to confiscate property interests from stakeholders through the exercise of eminent domain or condemnation. The protection of property rights is broad and, in addition to owners, landlords, and tenants, includes all interests in the land between private parties, including easements, covenants, riparian rights, title disputes, invasion by flooding, and aircraft overflights in connection with airport operations.

Challenges to actions of eminent domain typically fall into two major categories: (1) that the compensation for the taking is not "just," and (2) that the intended use of the seized property is not a public purpose. The ability to dispute claims related to public use is often difficult due to the ambiguity of eminent domain law, but case law does guide in pursuing these claims. Counsel is often successful in disputing and negotiating the compensation offered to property owners when condemnation has been commenced.

Property owners may file a claim for inverse condemnation, where the government goes "too far" in its regulation or takes property rights without following the legal requirements for condemnation.

Listen as B. Joan Davis, Owner at Howard Stallings From Atkins Angell & Davis, discusses the grounds to dispute eminent domain and condemnation actions, how to address issues of unjust compensation for a taking, what evidence can successfully prove lack of public purpose, and what standards can be established to show inverse condemnation and require government compensation.

Outline

  1. Eminent domain and condemnation actions
    1. Initiating claims
    2. Notice
  2. Disputes
    1. Unjust compensation
    2. Lack of public purpose
  3. Inverse condemnation

Benefits

The panelist will review these and other important topics:

  • When and how can the government initiate an eminent domain/condemnation action?
  • How is "just" compensation determined?
  • What constitutes a public purpose? When can the government surrender condemned property to private developers?
  • What justifies a claim for inverse compensation and how is compensation determined?