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

Course Details
- smart_display Format
Live Online with Live Q&A
- 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
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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

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.
Description
Eminent domain refers to the power of the government--federal, state, or local--to take private property for public use. The protection of property rights is broad and, in addition to owners, landlords, and tenants, includes all interests in the land between private parties. Therefore, eminent domain proceedings are 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 negotiation fails, litigation may be 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 governments initiate eminent domain actions?
- What are the stages of eminent domain proceedings common to most jurisdictions? Key differences?
- How may landowners challenge a taking?
- When may litigation be necessary?
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