Be prepared to effectively represent your client during condemnation proceedings! Examine the statutory requirements of the process with experienced practitioners, as well as the nuances learned from years in the field. Plus, walk through the land valuation and damages calculations from the appraiser's perspective to gain insight on how these figures are determined. You'll learn the latest on contrasting interpretations and disputes surrounding eminent domain and build essential negotiation and trial skills. Ensure these acquisitions are fair and efficient – order today!

1. The Eminent Domain Process (Condemning Authority vs. Landowner Perspective)
2. Calculating Damages and Just Compensation: Appraiser Insights
3. Challenging the Right to Take: Case Law and Recent Issues
4. Settlement Strategies
5. Trial Practice and Strategy
6. Ethics in Condemnation

Continuing Education Credits:   

* denotes specialty credits

1. The Eminent Domain Process (Condemning Authority vs. Landowner Perspective)
   9:00 - 10:00, James L. Murphy III
   1. The Different Types of Condemnation Processes
   2. A Walk Through the Condemnation Process – From Notification to Final Resolution
   3. Ensuring Procedures are Compliant – Statutory Review
   4. Advising the Condemning Authority on Condemnation
   5. Access to Real Estate Prior to Condemnation
   6. Negotiation for the Acquisition of Property Interests
2. Calculating Damages and Just Compensation: Appraiser Insights
   10:00 - 11:00, John J. Britton
   1. Approaches to Fair Market Value
   2. Highest and Best Use Valuation
      1. When the Highest and Best Use is Different than the Existing Use
   3. Determining Damages in Partial Takings
   4. Determining Damages in Temporary Takings
   5. Determining Fair Market Value in a Recession
   6. Considerations in Determining Damages
      1. Land Value
      2. Fixtures and Improvements
      3. Leases
      4. Cost to Cure
      5. Loss of Value or Damage to Business
      6. Complications Caused by Multiple Owners
      7. Assemblage Value: Many Small Parcels or One Large Parcel?
      8. Compensation for Nonconformity After Taking
      9. Circuity of Travel
      10. Water Rights
      11. Contaminated Property Valuation
   7. Relocation Benefits
   8. Litigation Costs
3. Challenging the Right to Take: Case Law and Recent Issues
   11:15 - 12:15, James L. Murphy III
   1. Disputes over Land Valuation
   2. Condemnation of Blighted Property
   3. Property Taking for Private Third Parties/Redevelopment
   4. Challenges to “Public Use” Takings
   5. Temporary Takings
   6. Inverse Condemnation
4. Settlement Strategies
   1:15 - 2:15, John J. Britton
5. Trial Practice and Strategy
   2:15 - 3:15, J. Kevin Walsh
   1. Trial Prep and Techniques
   2. Voir Dire Strategies
   3. Evidentiary Issues
   4. Techniques for Challenging Experts' Opinions on Valuation
6. Ethics in Condemnation
   3:30 - 4:30, J. Kevin Walsh
   1. Duties of Counsel
   2. Conflicts of Interest
   3. Communications with Local Land Use Boards
   4. Good Faith

JOHN J. BRITTON is a shareholder in the Knoxville law firm of Lewis, King, Krieg & Waldrop, P.C., where he represents businesses and individual landowners in eminent domain proceedings. He also represents the firm's clients, such as municipalities and school boards, when they have the need to acquire property through eminent domain. Mr. Britton began his legal career with the State Attorney General. He represented the state in eminent domain lawsuits, which are tied before a jury, in virtually every county in East Tennessee. Mr. Britton then transferred to the Nashville office where he was the state's lead lawyer in the acquisition of the right-of-way for the Saturn Parkway. During his tenure with the Nashville office, he represented the state in virtually every county in middle Tennessee. Mr. Britton is a frequent speaker at Continuing Legal Education programs for lawyers and paralegals, as well as for clients and industry groups. In the past, he has prepared and taught seminars across the state on eminent domain issues. Mr. Britton has been listed in the Eminent Domain and Condemnation Section of the Best Lawyers in America every year since 2007, the first year in which the publication recognized that specialty.

JAMES L. MURPHY III is a partner in the Nashville office of Bradley Arant Boult Cummings LLP, where he practices in the areas of municipal law, land use, economic incentives, eminent domain and commercial real estate. He has written and co-written several manuals and served as an instructor on legal issues, environmental law and ethics issues for county and municipal officials. Mr. Murphy has spoken at seminars on eminent domain, environmental law, land use and ethics topics. He earned his B.A. and J.D. degrees from the University of Tennessee at Knoxville. Mr. Murphy is a member of the Tennessee, Nashville and American bar associations, the Nashville Bar Foundation and the National Association of Bond Lawyers.

J. KEVIN WALSH is a partner in the law firm of Harris Shelton Hanover Walsh, PLLC, where he practices primarily in the areas of litigation and condemnation law. Mr. Walsh has spoken previously on eminent domain and regulatory takings for various professional groups. He earned his B.A. degree, cum laude, from Vanderbilt University, his J.D. degree from the University of Tennessee College of Law at Knoxvill, and is a graduate of the National Institute for Trial Advocacy. Mr. Walsh is a member of the Tennessee and American bar associations and the Owners' Counsel of America.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com