BarbriSFCourseDetails
  • videocam On-Demand
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Disputing Eminent Domain and Condemnation Claims for Real Estate Owners and Developers

Takings, Public Use, Just Compensation, Inverse Condemnation

$347.00

This course is $0 with these passes:

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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.

Presented By

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, April 29, 2021

  • schedule

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

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

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?