Come and Take It: The Eminent Domain Podcast

Bobby Debelak
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Come and Take It: The Eminent Domain Podcast

The Eminent Domain Podcast covers topics about condemnation, land use, and property rights law from practitioners, scholars, and other experts in the eminent domain community.

  1. JAN 6

    137: Anthony DellaPelle on His Year as the Global Chair for The Counselors of Real Estate

    Anthony DellaPelle returns to the show, this time to discuss his recent tenure as the global chair for the Counselors of Real Estate.  Anthony explains what separates CRE from other real estate organizations, how he became involved, why he accepted the invitation to join its leadership, and the various activities in the organization that he has been involved with.  At the end, he highlights CRE's "Top 10" issues publication for the year and how a better understanding of broader real estate issues inform his legal practice.    Show Links: A. DellaPelle Law Firm Bio: https://www.mrod.law/team/anthony-f-della-pelle-cre/  A. DellaPelle on LinkedIn: https://www.linkedin.com/in/anthonydellapelle/  Counselors of Real Estate Main Page: https://cre.org/  CRE Application Process: https://cre.org/become-a-member/application-process/  CRE Real Estate Issues Publication (articles): https://cre.org/real-estate-issues/  CRE Top 10 Issues Facing Real Estate, 2024-25: https://cre.org/top-ten-issues/2024-25-top-ten-issues-affecting-real-estate/

    1h 3m

  2. 12/09/2024

    136: Robert Thomas on the ED Year in Review and 2025 ALI-CLE Preview

    Robert Thomas joins Bobby Debelak to discuss the most interesting legal developments from 2024, cases to watch next term, and previews the 2025 ALI-CLE conference to be held in San Diego at the end of January 2025.  At the end, a musically themed cross-examination includes Robert's dream set list of 70s bands. Links: https://pacificlegal.org/staff/robert-h-thomas/  https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-2025-CG204

    1h 18m

  3. 11/25/2024

    135: Nick Atwood on Oklahoma ED Procedure, Litigation Strategy, and Taking a Six-Year Case to Trial

    Bobby interviews Nick Atwood, a trial lawyer with Ritchie Rock & Atwood in Shawnee, Oklahoma. Bobby and Nick discuss the procedural process for ED cases in Oklahoma, a protracted and unique six-year case that Nick recently tried against the Oklahoma Turnpike Authority, attorneys' fees issues under OK law, and how to work with clients. Throughout, Bobby asks Nick detailed discovery, procedure, and trial strategy questions, including how to prepare clients for taking the stand, how to handle a landowner client whose valuation is higher than the appraiser, and negotiating with opposing counsel even when those efforts fail.  The cross exam includes a personal view into Nick's first car and life in outer space.  Links: https://www.rrmalaw.com/team/nick-atwood

    1h 22m

  4. 11/11/2024

    134: Richard and Leah Rothstein on Just Action and Property Rights Advocacy

    Richard and Leah Rothstein join the podcast to discuss the history of government action that aided in the creation and enforcement of segregation in American Neighborhoods--and, importantly, what all citizens can do in their communities to undo those injustices.  Mr. Richard Rothstein is a Distinguished Fellow of the Economic Policy Institute and a Senior Fellow (emeritus) at the Thurgood Marshall Institute of the NAACP Legal Defense Fund. He is the author of The Color of Law: A Forgotten History of How Our Government Segregated America, which recovers a forgotten history of how federal, state, and local policy explicitly segregated metropolitan areas nationwide, creating racially homogenous neighborhoods in patterns that violate the Constitution and require remediation.  The book has almost 18,000 reviews and a 4.8 rating on Amazon. He is a graduate of Harvard University and previously served as the former national education columnist for The New York Times. Ms. Leah Rothstein also works on public policy and community change, from the grassroots to the halls of government. She led the Alameda County and San Francisco probation departments’ research on reforming community corrections policy and practice to be focused on rehabilitation, not punishment. She has been a consultant to nonprofit housing developers, cities and counties, redevelopment agencies, and private firms on community development and affordable housing issues. Her policy work is informed by her years as a community organizer with PUEBLO and Californians for Justice, and as a labor organizer with the Union of Needletrades, Industrial, and Textile Employees (UNITE).  Their new book, Just Action, discusses local and community initiatives that all citizens can take to begin remedying the wrongs of the past.  Other Links: Just Action on Amazon: https://www.amazon.com/Just-Action-Challenge-Segregation-Enacted/dp/1324093242#customerReviews Just Action Book page with links and resources: https://www.justactionbook.org/

    53 min

  5. 10/28/2024

    133: Hon. Andrew Edison and the Longest ED Case in American History

    Judge Andrew Edison joins the podcast to discuss the longest land takings fight in American History--the Black Hills of South Dakota land dispute--which has now spanned more than a century.  An episode in legal history and includes lessons for lawyers in staying with the fight.   Links: https://www.txs.uscourts.gov/page/judge-andrew-m-edison-biography  Wiki write up: https://en.wikipedia.org/wiki/Seizure_of_the_Black_Hills

    57 min

  6. 10/14/2024

    132: Scholarship Round Up with Profs. Jessica Asbridge and Emilio Longoria

    Professors Jessica Asbridge and Emilio Longoria join host Bobby Debelak to discuss their favorite property law and eminent domain papers of the last year.  The scholarship covers the argument for at-will employment as a taking, originalist interpretations of the constitution, deed restrictions, the contract clause, and more.   Paper Links: Michael L. Smith, Is Originalism Bulls**t? https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4749322 Maureen E. Brady, Covenants and the Contract Clause, Va. Envt'l L.J. (forthcoming 2025), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4856354 Racabi, At Will as Taking, https://www.yalelawjournal.org/essay/at-will-as-taking  Ken Stahl, The Power of State Legislatures to Invalidate Private Deed Restrictions: Is It an Unconstitutional Taking?, 50 PEPP. L. REV. 579 (2023), https://digitalcommons.pepperdine.edu/plr/vol50/iss3/4/ Asbridge, Fines, Forfeitures, and Federalism, Virginia L. Rev. (forthcoming 2025), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4743053 Longoria, Hoardings, Villanova L. Rev, https://www.villanovalawreview.com/article/123450-hoardings  Longoria, Properly Construing the Just Compensation Clause, https://bclawreview.bc.edu/articles/3088

    1h 6m

  7. 09/30/2024

    131: Tom Forestier on the Austin Airport case, Alamo Plaza taking, and Litigating with Media Coverage

    Tom Forestier of Winstead PC joins the show to talk about a career of litigating high profile eminent domain cases, including his work in recent years with the Austin Airport taking case and the expansion of the Alamo Plaza. Bobby and Tom discuss the growing impact of media, from the advent of social media, impacts on grassroots efforts, and handling traditional media coverage of significant cases.   Links: https://www.winstead.com/People/Tom-Forestier  Episode 110: Chris Clough on the Austin Airport Taking https://www.eminentdomainpodcast.com/110-airport-taking/

    1h 18m

  8. 09/16/2024

    130: Prof. Ilya Somin on Briefing in Kelo, Exclusionary Zoning, and Finding Common Ground in Property Law

    Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs, writing a book on Kelo (The Grasping Hand) a decade after the decision, and his current work on the costs of exclusionary zoning. Throughout, Bobby and Prof. Somin discuss the common ground that otherwise-differing philosophies find in property law.   Links: https://www.law.gmu.edu/faculty/directory/fulltime/somin_ilya  https://www.cato.org/people/ilya-somin https://www.theatlantic.com/ideas/archive/2024/06/constitutional-case-against-exclusionary-zoning/678659/  https://www.amazon.com/Grasping-Hand-London-Limits-Eminent/dp/022642216X/ref=tmm_pap_swatch_0?_encoding=UTF8&dib_tag=se&dib=eyJ2IjoiMSJ9.Av65EcHKeo7CqGfLDs_9-g.tENW9VkASB1jBty2_iVzTu5b5-S5ECKGI_CBiubYZHA&qid=1724864661&sr=1-1

    53 min
See All (137)

Ratings & Reviews

4.5
out of 5
17 Ratings

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The Eminent Domain Podcast covers topics about condemnation, land use, and property rights law from practitioners, scholars, and other experts in the eminent domain community.

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