Eminent Domain Report

In January, please join Nossaman LLP Eminent Domain & Valuation Partners David Graeler and Rick Rayl at CLE International’s 20th Anniversary Southern California Eminent Domain Conference, taking place at the DoubleTree Downtown, Los Angeles.  Mr. Graeler will present Introduction to the Eminent Domain Playbook Part II (Post-Filing Activities): The Real Rules on Thursday, January 18, at 9:30 a.m. PT, and Mr. Rayl will present "Recent Legal Developments: 2017-2018" on Friday, January 19, at 8:35 a.m. PT.  Additional leaders in this field will provide valuable insight and multiple, in-depth points-of-view on important topics such as:

• Eminent Domain Legislation in California

• The Future of Regulatory Takings

• Upcoming Projects

• Testimony

• Utilities Takings by Public Agencies

• The Paralegal as a Key Member of the Eminent Domain Team

• Right of Entry

• Jury Selection

• Goodwill

Visit the CLE International website to review the full agenda and register.  Participants can earn up to 13 Hours MCLE Credit, including One Hour of Ethics, or up to 13 Hours of IRWA and Appraiser Credit.  CLE International has been a provider of continuing professional education programs throughout the United States and Canada since 1983.  Its seminars, which focus on the cutting edge of emerging legal issues of vital importance to attorneys and their clients, real estate professionals, accountants, consultants and government agencies, have received wide acclaim from bench and bar for the high quality of its faculty and its efficient organization of detailed and useful information.  CLE International is accredited by the bar associations of the many states where its programs are presented.

Later in January, Eminent Domain & Valuation Partner Bernadette Duran-Brown will be participating in the American Law Institute (ALI) 35th Annual Advanced Course on Eminent Domain and Land Valuation Litigation 2018, at the Francis Marion Hotel in Charleston, SC.  Ms. Duran-Brown will be presenting an informative session entitled In Limine Practice: Bringing Your Case Back to Earth and What the Jury Will Hear on Friday, January 26, at 3:45 p.m. ET.  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.  Just some of the all new topics for 2018 include:

• Takings and damaging by flood: case selection advice for savvy practitioners

• Quarterbacking the case: blocking defenses, controlling the witnesses, and converting for verdicts

• We've been working on the railroad: utility crossing disputes

• Protecting your record and anticipating appeals

• Lucas 25 years later: 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: an eminently agreeable solution

• Project influence: how to educate the bench

• Second Avenue Subway: valuation issues in transportation corridor construction

Please consult ALI’s website for additional details and to register.  A non-profit organization and the premier national provider of high-level CLE since 1947, American Law Institute Continuing Legal Education (ALI CLE) offers an array of programming featuring the country’s most respected law practitioners.  These experts provide insights, clarify relevant case law and legislation, and offer practical strategies to help lawyers serve their clients’ needs with superior counsel.  ALI CLE’s programs are available in an array of formats, with in-person conferences and both live and on-demand webcasts.

In February, Ms. Duran-Brown will serve as a panelist at the International Right of Way Association’s (IRWA) Chapter One Valuation Seminar.  The topic she will be addressing is Acquiring Railroad Right of Way – Issues that Impact Valuation.  For current information on the seminar, please visit IRWA’s website.  The International Right of Way Association is a professional member organization comprised of global infrastructure real estate practitioners.  Since its inception as a not-for-profit association in 1934, IRWA has served professionals who acquire, manage and transfer the land rights needed for building and maintaining energy and transportation infrastructure.  Covering Los Angeles, Chapter One is the founding Chapter of the International Right of Way Association.  The members of Chapter One come from all walks of life such as Transportation Authorities and Departments, Water and School Districts, Public Works and Redevelopment Agencies, Utilities companies, Railroads, and private consultants such as appraisers, title specialists, acquisition agents, attorneys, relocation assistance agents, and right-of-way and civil engineers.  The Chapter regularly offers a wide range of education and professional development opportunities reflecting the diverse needs of stakeholders in the right of way profession.

Then in March, Ms. Duran-Brown will be addressing IRWA Chapter 42 at their Spring Conference at the Marriott Monterey in Monterey, California.  Her presentation is entitled "To Tell or Not to Tell: Disclosure Obligations to Tenants of Potential Condemnation Actions," and will be held on March 23, at 11:20 a.m. PT.  The conference theme is ROW Mash‐Up: A Medley of ROW Topics.  The conference presents topics for right of way professionals interested in eminent domain project work.  This is a chance to sharpen your knowledge and broaden your skills from top experts in their fields.  Additional topics covered will include:

• Temporary Goodwill and Real Property Damages

• How Trees Affect Fair Market Value

• Relocating Trees to Reduce Damages

• Immigration and Relocation Benefits

Visit the IRWA Ch. 42 website to review the full agenda and register.  Chapter 42 of the International Right of Way Association serves Northern California in the San Jose and Monterey area.

We hope to see some of you during a busy first quarter for our Eminent Domain group!