Learn all about eminent domain in Austin this January

November 23, 2015 | By JAMES BURLING

There’s an excellent ALI-CLE program on eminent domain coming up in Austin on January 28-30 at the Hotel Van Zandt.  I’ll be speaking along with a host of experts from around the nation.  You can check out all the details on the program on the ALI-CLE website here.  Hotel accommodations for the program close December 17.    Here’s the program schedule:

Program Schedule

(all times Central)

Thursday, January 28, 2016

8:00 a.m.  Registration and Continental Breakfast

8:55 a.m.  Administrative Remarks – American Law Institute CLE Staff

9:00 a.m.  Conference OverviewMessrs. Brighham, Sperber, Thomas, and Waldo

Welcome to Austin –  Mayor Adler

9:15 a.m. Eminent Domain National Update –  Ms. Boulris and Mr. Thomas

10:00 a.m. Networking and Refreshment Break

 Condemnation 101 General Session
10:15 a.m. Introduction to Eminent Domain: Foundational Concepts Messrs. Brigham and Sperber
Pipelines and Energy Corridors: Valuation Perspectives of Condemnors and Condemnees Messrs. Domina, Peebles, Ray, and Waldo
11:15 a.m. Anatomy of an Appraisal Report –  Ms. Gelineau and Mr. Smith The Impact of Kelo and the Limits of Eminent Domain – Professor Somin
12:00 noon Questions and Answers/Morning Wrap-Up


12:15 p.m. Lunch Break


Condemnation 101 Practice Substantive
1:30 p.m. Effective Case Planning for Taking Authority or Property Owner –  Mss. Alderman and Beachy The Art of Effective Negotiation – A Judicial View Judge Anderson
Municipalization of Utilities – Messrs. Clough and Rayl
2:15 p.m. Taking Depositions in Eminent Domain Cases –  Messrs. Della Pelle and Suntum Advice to Condemnees from Condemnors – Mr. Cherry and Ms. Handy
Access and Visibility: How to Approach the Case for the Courtroom – Messrs. Barr and Savin


3:00 p.m. Networking and Refreshment Break


Condemnation 101 Practice Substantive
3:15 p.m. Name That Tune: Common Themes in Eminent Domain Trials –  Ms. Handy and Mr. Scott Motions Practice: Define, Narrow, Win – Messrs. Baker, Murakami, and Rikon Accounting Principles for Valuation Lawyers: Using the CPA to Advance Your Case – Mr. Cadle
4:00 p.m. Advice for Beginning Eminent Domain Trial Lawyers on How to Win a Case –  Mr. Sperber, Moderator; Messrs. Brigham, Della Pelle, Pipes, and Smith and Ms. Torgrimson The Uneconomic Remnant and Other Overlooked Property Interests in Condemnations – Messrs. Scott and Walsh The Right to a Jury Trial in Federal Condemnations – Mr. Hearne
4:45 p.m. Questions and Answers/Afternoon Wrap-Up


5:00 pm  Adjournment for the Day; Meet and Greet Networking Reception for Registrants and Faculty

6:00 pm  Hospitality and Networking Events – Join your colleagues, faculty, and the Hospitality Committee for dinner (not included in tuition)

Hospitality Committee Chair: Donna Elliott


Friday, January 29, 2016

7:30 am Networking and Continental Breakfast

8:00 am  Ethics: Tips and Traps for the Eminent Domain Practitioner Ms. Johnson and Messrs. Neblett and Sherman

9:00 am  Class Actions in Inverse Condemnation: Evaluating, Preparing, and the CourtroomMr. Wolf

9:45 am  Networking and Refreshment Break

10:00 am  First Amendment for Fifth Amendment Lawyers: Free Speech, Signs, Defamation, FOIA, and RLUIPA ClaimsMs. Berliner and Mr. Gowder

11:00 am  The Electrical Engineer in Powerline Cases: The Expert and the Order of Proof Messrs. Brigham and Dew

12:00 noon  Lunch Break (lunch provided by ALI CLE)


1:30 p.m. Voir Dire: Hunting for Biases Mss. Handy and Torgrimson
Valuation of Convenience Stores Messrs. Bainbridge and Pipes
2:15 p.m. Relocation: Personal Property, Fixtures, and Equipment – How to Succeed –  Ms. Gelineau and Messrs. Sperber and Sullivan Project Influence and Scope of Project: Why All the Confusion? – Mr. Waldo


3:00 p.m. Networking and Refreshment Break


3:15 p.m. Handling the Tricky Issues in an Eminent Domain Case Ms. Bonnen and Mr. Cherry
Probability of Rezoning as an Element of Valuation Ms. Meade and Messrs. Merriam and Ruffin
4:00 p.m. Using Technology at Trial to Enhance the Persuasiveness of Your Case –  Mr. Suntum Eminent Domain Trials: Lessons Learned the Hard Way – Messrs. Brandys and Hannula and Ms. Torgrimson


5:00 pm  Little Pink House: An Interview With the Filmmaker – An Inside Look at the Upcoming Kelo MovieMessrs. Balaker and Thomas

5:45 pm  Adjournment for the Day; Hospitality Events and Networking – Join your colleagues, faculty, and the Hospitality Committee for dinner (not included in tuition)


Saturday, January 30, 2016

8:30 a.m.   Networking and Continental Breakfast

9:00 a.m.   Regulatory Takings Update Mr. Berger

10:00 a.m.  Property Rights and the First Ten Years of the Roberts CourtMr. Burling

11:00 a.m.  Networking and Refreshment Break

11:15 a.m.  National Forum: Issues Facing Practitioners Around the NationMessrs. Brigham, Sperber, Thomas, and Waldo and practitioners from around the country

12:15 p.m. Adjournment


Total 60-minute hours of instruction: 16.25, including one hour of ethics

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Development of initial level of competency as a practitioner; acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments

Level of Instruction: Advanced