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Course Details

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

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

  1. Overview of eminent domain
    • Authority to condemn
    • Types of condemnation
    • Pre-condemnation considerations
  2. 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
  3. When litigation may be necessary: challenges to eminent domain actions
  4. 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?