Podcast
Come and Take It: The Eminent Domain Podcast
Hosted by Bobby Debelak · ENGLISH
The Eminent Domain Podcast covers topics about condemnation, land use, and property rights law from practitioners, scholars, and other experts in the eminent domain community.
152episodes
Episodes
Newest firstAll episodes
152: Kent Safriet on Alford v. Walton County & COVID Beach Takings
Feb 1600:34:06Tap to summarizeKent Safriet on Florida COVID takings and the regulation of private beaches. Kent joints to discuss recent litigation that went to the 11th Circuit and the impact on other pending cases. https://www.holtzmanvogel.com/professionals/kent-safriet https://law.justia.com/cases/federal/appellate-courts/ca11/21-13999/21-13999-2025-11-17.html
Transcribe →151: Bill Reid on Fighting Bullies, Firm Structures, and the case for Plaintiffs' Law
Jan 1300:50:32Tap to summarizeIn this episode, Bill Reid -- a top business trial lawyer -- joins the podcast to talk about his new book, Fighting Bullies, which makes the case for Plaintiff's law. Throughout, Bobby and Bill talk about law firm structures, the law-school-to-big-firm pipeline, and finding purpose in practice. Links: https://reidcollins.com/person/william-t-reid-iv/ https://www.fightingbulliesbook.com/
Transcribe →150: Year in Review and ALI-CLE Preview with Robert Thomas
Dec 2901:08:45Tap to summarizeBobby returns to the podcast after a brief hiatus due to the birth of a child. Robert Thomas returns to the show to talk about 2025 in review. The two cover twenty years of Kelo, an update on COVID takings, the year with a new presidential administration and legislative change, and a few key cases around the country. Robert looks ahead to the 2026 conference in Savannah, GA. The cross exam is a musical themed head-to-head from the 80s.
Transcribe →149: Jennifer Polovetsky on the Special Benefits Rule and Trade Fixtures
Jul 3000:52:40Tap to summarizeJennifer 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. Links: J. Polovetsky Biography https://www.duanemorris.com/attorneys/jenniferpolovetsky.html#tab_Biography Article on Special Benefits: https://www.duanemorris.com/articles/not_so_special_benefit_eminent_domain_0625.html Article on Trade Fixtures: https://www.duanemorris.com/articles/trade_fixtures_new_york_eminent_domain_cases_what_qualifies_how_are_they_valued_1124.html
Transcribe →148: Jeff Meader of Eminent Domaine Wine
Jun 2400:43:25Tap to summarizeJeff 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. Links: Eminent Domaine Wine: https://eminentdomaine.com/
Transcribe →147: Kristen Renfro on the Intersection of Physical Takings and Tort Law
Jun 901:09:39Tap to summarizeIn this episode, Kristin Renfro, a California condemnation attorney, joins the show to discuss inverse condemnation and its intersection with tort law. Kristen describes her experience litigating a case involving a catastrophic landslide. She details how inverse condemnation differs from tort law in that it requires no fault—only that a public project caused damage. Kristen explains the legal and scientific challenges of proving causation, including the need for expert geological and geotechnical testimony, and outlines the strategic decisions made during the trial. The conversation also touches on broader implications for property owners, utilities, and constitutional rights, especially in light of California's progressive stance on public utility liability. The episode concludes with Renfro's review of a recent trip to see Dead & Company at the Sphere in Las Vegas. Links: https://www.linkedin.com/in/kditlev/
Transcribe →146: Tom Malapit & Eric Rochford on the Largest ED Jury Award in Indiana
May 27, 202501:09:45Tap to summarizeIn 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. Links: Tom Malapit & Eric Rochford Webiste and Bios: https://www.eminentattorneys.com/about
Transcribe →145: Adequate vs. Just Compensation: A Distinction Without a Difference?
Apr 23, 202500:57:12Tap to summarizeA 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. Links: https://irwachapter36.org/ 2025 Spring Seminar: https://irwachapter36.org/meetinginfo.php?id=131&ts=1738095773
Transcribe →144: Christina Martin on Hennepin County & Everything After
Apr 9, 202500:49:32Tap to summarizeChristina Martin of the Pacific Legal Foundation joins to discuss litigating Hennepin County to the Supreme Court. Christina shares some stories about moot arguments ahead of oral arguments with Paul Clement, and compares the tax foreclosure sale in Hennepin to traditional bank foreclosures. After discussing the case, Christina talks about her current work in follow up, including other property taxation issues and blight designations. Links: Tyler v. Hennepin Co. Decision: https://www.supremecourt.gov/opinions/22pdf/22-166_8n59.pdf Christina Martin at Pacific Legal: https://pacificlegal.org/staff/christina-martin/
Transcribe →143: Joe Wilkinson on Technology and Marketing in ED Cases
Mar 25, 202501:03:56Tap to summarizeJoe Wilkinson of The Avenue Research Group joins the podcast to talk about technology in marketing for eminent domain cases. In addition to traditional mail marketing, Bobby and Joe talk about broader marketing strategy campaigns, geofencing, AI, and why marketing research should both reach clients and also inform lawyers about projects. At the end of the episode, Joe's interest in archeology becomes the basis for the cross examination. Links: Joe Wilkinson LinkedIn: https://www.linkedin.com/in/joseph-wilkinson-829406248/ https://avenueresearchgroup.com/ Contact: info@avenueresearchgroup.com P: (803) 509-5078
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