Come and Take It: The Eminent Domain Podcast

Jennifer Polovetsky of Duane Morris LLP's New York office joins the show to discuss a grab bag of eminent domain issues. The first segment focuses on the special benefits rule (and how it is distinct from the Miller, or Project Influence, Rule). Following that, Jennifer discusses trade fixture issues under New York law, and the differences between that and New Jersey (and Texas) rules.

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Jeff Meader of Eminent Domaine wine joins the podcast to give a landowner's perspective on experiencing eminent domain. Jeff formerly owned a commercial building in Portland that was taken by a local metro transit authority to install a light rail line. After that experience, Jeff took the proceeds and started a winery. In the episode, Jeff talks about the aspects of the ED process he takes issue with, the stresses of living through the process and coordinating with his tenants, and the importance of having counsel. At the end, Jeff talks about the winery, his style of winemaking, and his new life in Ribbon Ridge.

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In this episode, Tom Malapit and Eric Rochford--two Indiana condemnation lawyers--join Bobby to discuss a significant eminent domain case they tried last year in Indiana, which they believe is the largest jury verdict in an Indiana condemnation proceeding.

They detail the challenges of the case, including the initial offer from the school corporation, taking over the case from another firm after a failed mediation, and a critical ruling on the admissibility of a prior family transaction involving the property.

They also describe how they used the condemning authority's own witnesses during cross-examination to support their case and fighting for the property's highest and best use as commercial land despite its present designation as farm land. They also share insights into trial logistics, witness order, judge personality, and the valuable feedback received from the jury after the verdict.

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A few weeks ago, Bobby was invited to give a presentation to IRWA Chapter 36's Spring Seminar on the history of Texas's takings provision—specifically, the evolution of the term "adequate compensation" and what difference there is, if any, between that term and the U.S. Constitution's use of "just compensation." This episode is a live recording of that presentation.

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