The Eminent Domain Podcast covers topics about condemnation and property rights law from the most influential players in the eminent domain community.
Professor Emilio Longoria on the Problematic Police Power Exemption after Lech v. Jackson
Professor Emilio Longoria of St. Mary’s University School of Law joins the show to discuss his article, Lech’s Mess with the Tenth Circuit: Why Governmental Entities Are Not Exempt from Paying Just Compensation When They Destroy Property Pursuant to Their Police Powers. He gives an overview of the facts of Lech v. Jackson as well as his criticism of the court’s opinion. He also explains where he believes the court went wrong in its application of three important Supreme Court cases cited in the opinio
For this special episode of the podcast, past guests and friends share their favorite holiday traditions, and Robert Thomas tells us what we can look forward to at the 2022 Eminent Domain and Land Valuation Litigation Conference. Thanks to Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, Adam Sanders, and Robert Thomas for contributing. Happy Holidays, everyone!
Judge Andrew Edison on the Legacy of Robert Moses
U.S. Magistrate Judge Andrew Edison has devoted much time and research to the life and legacy of Robert Moses, a former Parks Commissioner who had a broad and deep impact on the development of New York City’s infrastructure over a period of 50 years. Moses’ career provides a study of the human cost of eminent domain for different socio-economic communities. Judge Edison’s insight is relevant to today’s discussions surrounding the potential impacts of the currently debated infrastructure bill.
Phil Sever, Tonny Storey, and Jordan Walker on Asbury vs EQT – A Class-Action Inverse Condemnation Case
Eminent Domain attorneys Phil Sever, Tonny Storey, and Jordan Walker of Sever Storey, LLP join the show today to talk about a class-action lawsuit involving inverse condemnation claims related to the use of underground caverns for natural gas storage. The case has recently been certified by a federal court in Pennsylvania, an uncommon achievement among inverse condemnation cases. We discuss the case and how its substantive and procedural background has led the team to where they are today.
Jay Small on the National Eviction Moratorium as a Potential Taking
Eminent domain attorney Jay Small of Mateer Harbert in Orlando joins the podcast to discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services. We discuss whether this case opened the door to challenging the moratorium as a compensable taking, and Jay brings a prescient analysis of the opinion. We also discuss the Court’s citation of Loretto, the shift of economic risk to landlords, as well as what Jay notes is a curious omission of Yee v. City of Escondido.
Professor Lee Fennell on Implicit Takings After Cedar Point Nursery
Today, we're joined by Professor Lee Fennell of the University of Chicago Law School to discuss her upcoming article for the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery. She dissects the exceptions the Court has enumerated to the expanded definition of a per se physical taking. We discuss the potential consequences of this ruling for various intrusions of government onto and burdens upon private property.