The power of eminent domain is one of the most controversial and heavily litigated powers of the government. The purposes for which private property may be seized has evolved to include not only seize for a public use but seizure for a public purpose. The value of property seized (or diminished in value) depends on the nature of the taking and host of highly litigated factors. Beyond these “direct” takings, where the government affirmatively seizes property, there is also a significant rise in the number of “inverse” takings cases, where property owners sue the government claiming their property value has been diminished because of regulations or restrictions. This program will provide you with a practical guide to understanding the process of taking property, including the public and private purposes for which it may be taken, key steps and decisions in the process, property appraisal in different scenarios, and how property owners can either defend against the taking of their property or obtain payment for the taking.
Day 1 – April 28, 2015:
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Understanding the condemnation process – valid purposes for the taking, valuation, defenses
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Trends in public takings – property development, public-private partnerships, voluntary sales
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Valuation in different condemnation scenarios
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Appraisal methodologies and resolving valuation disputes
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Pre-condemnation considerations for property owners
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Litigation strategies and tactics for property owners
Day 2 – April 29, 2015:
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Prosecuting “inverse condemnation” against the government
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Understanding the differences between direct v. inverse takings
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Forms of takings – zoning regulations, easements, other regulations
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Case law update on regulatory takings
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Special considerations when taking intangible property
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Valuation methodologies in inverse condemnations and litigation tactics
Speaker:
Michael M. Berger is a partner in the Los Angeles office of Manatt, Phelps & Phillips, LLP, where he is co-chair of the firm’s appellate practice group. One of the top land use lawyers in the United States, his practice focuses on representing homeowners, landowners, and developers in complex litigation. His appellate cases have involved planning, zoning, eminent domain, landslides, contract, due process, equal protection, defective construction, nuisance, property insurance and environmental law. Mr. Berger has argued four cases before the United States Supreme Court, as well as cases before other federal and state appellate courts throughout the nation. Mr. Berger is a fellow of the American Academy of Appellate Lawyers and a member of the American College of Real Estate Lawyers. Mr. Berger received his B.S. from Brandeis University, his J.D. from Washington University School of Law, and his LL.M. from the University of Southern California School of Law.
Non-Members Must Register via Form
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