Navigating Eminent Domain Proceedings: Notice Requirements, Negotiation and Appraisal, Just Compensation, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Thursday, May 29, 2025
- schedule Time
1:00 PM E.T.
- timer Program Length
This CLE webinar will provide a comprehensive overview of eminent domain proceedings. The panel will examine the stages of the proceedings common to most jurisdictions, discuss when litigation may be necessary, and offer best practices for guiding clients through this complex process.
Faculty
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Ms. Holley is an experienced eminent domain and real estate litigator and trial attorney with over a decade of litigation experience. She has a robust track record of litigation victories, including numerous first-chair trial and judgment victories before the bench and jury, and a complete defense victory against a privately held company with over $23 billion in annual global revenue. As a former litigation and real estate partner in one of the region’s largest firms, Ms. Holley offers a rare combination of high-level experience in civil litigation and complex real estate matters. In addition to her active trial practice, Ms. Holley regularly publishes and speaks in the eminent domain legal community on a local and national level.

Mr. Debelak's practice focuses on sophisticated property and complex consumer litigation. He is a highly versatile advocate who has defended complex and multi-state consumer facing class actions in the insurance, retail energy, and products liability sectors. Mr. Debelak has twice been seconded to work as a litigator inside a large, publicly traded company, so he understands client needs from the inside and how to best serve them. He is a first-choice lawyer and resident expert on the intricacies of civil RICO litigation, having successfully defended expansive RICO cases. Mr. Debelak is also a go-to property litigator who represents public and private clients, including commercial and residential property owners, condemning authorities, and financial servicers in all aspects of property, landlord-tenant, construction, and eminent domain proceedings.

Mr. Grather works diligently and knowledgeably to win favorable results for his clients, defending them against the governmental exercise of the power of eminent domain. He successfully manages the difficult and time-consuming process clients face in eminent domain cases, communicating clearly and frequently and allowing the client to focus on their business and other pursuits. A former Seton Hall Law School adjunct professor, Mr. Grather publishes articles on eminent domain and other issues and has participated in a number of reported eminent domain cases.
Description
Eminent domain refers to the power to take private property for public use. The variety of property rights implicated in eminent domain proceedings is broad and, in addition to owners, landlords, and tenants, includes all interests in the land, private and public. Therefore, eminent domain proceedings have the potential to be complicated.
While state laws vary as to the specifics, there are some basic similarities related to eminent domain proceedings of which counsel should be aware, including required notice from the government to the landowner of intent to acquire the property, negotiation of the property value, and just compensation for the taking. When negotiations fail, litigation becomes necessary.
Listen as our expert panel provides an overview of eminent domain actions. The panel will examine notable state laws as a sampling of what may be expected in eminent domain proceedings and offer key considerations for helping clients navigate these complicated actions.
Outline
- Overview of eminent domain
- Authority to condemn
- Types of condemnation
- Pre-condemnation considerations
- Eminent domain proceedings
- Determining the parties to the proceeding
- Notice requirement
- Negotiation for acquisition of property
- Access to property and appraisal
- Valuation and just compensation
- Other considerations
- When litigation may be necessary: challenges to eminent domain actions
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- Under what authority may eminent domain actions be initiated?
- What are the stages of eminent domain proceedings common to most jurisdictions? Key differences?
- How may landowners challenge a taking?
- When does litigation become necessary?
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