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. HÁ 1 DIA

    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/

    53min

  2. 28 DE OUT.

    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

    57min

  3. 14 DE OUT.

    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

    1h6min

  4. 30 DE SET.

    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/

    1h18min

  5. 16 DE SET.

    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

    53min

  6. 2 DE SET.

    129: Under New Management: The Eminent Domain Podcast Returns!

    The Eminent Domain Podcast returns!  Clint Schumacher passes the torch (microphone) to a new host, Bobby Debelak. Clint introduces Bobby, they discuss their eminent domain experience, and plans for the show going forward.

    24min

  7. 18 DE MAR.

    Farewell Episode

    In this final and farewell episode of the podcast, we reflect on the many guests and therefore perspectives that we have had on the show, and the important issues we have discussed over the last several years. There is also a behind-the-scenes story from the early years of the podcast. Thank you to all the guests and listeners who have made this podcast possible.  It has been a great joy and pleasure.  Old episodes will remain accessible at www.eminentdomainpodcast.com.  Farewell.

    13min

  8. 01/12/2023

    Robert Thomas on Eminent Domain Cases to Watch and the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference

    Robert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February.   Click here for information and registration for the ALI-CLE conference.   Please share your thoughts on the show or this episode with me. I’m on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

    49min
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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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