Eminent Domain Report

Ever since we started this blog, one of the big topics we've touched on repeatedly deals with public agencies running into issues when trying to secure possession of property for right of way projects.  Whether it's due to project funding constraints, federal oversight demands, construction contract deadlines, project timing requirements, or difficulties dealing with impacted property and business owners, agencies are routinely pressed with stressful deadlines to start building their projects.  Would you like to know what pitfalls to look out for and how to avoid them?  Read on.

On November 2, 2012 (next Friday), International Right of Way Association (IRWA) Chapter 57 is hosting its annual Fall Seminar and Casino Night event, and the seminar -- Pitfalls in Prejudgment Possession -- is focused on these very issues.  I would highly recommend attendance by public agency employees, right of way agents, appraisers, attorneys, and anyone else involved in the industry.  Plus, the event is followed by some gambling, drinking, and great raffle give-aways.  So what's in store?  Here's the line-up:

• Don Grebe, Chief - Office of Project Delivery at Caltrans, will give an overview of how to comply with FHWA and Caltrans regulations on right of way projects, along with what issues to look out for and how to avoid them. 
• John Murphy, at Murphy & Evertz, will provide a primer on the steps public agencies must go through to secure possession of property through the court system, along with how recent changes in the law make obtaining possession more difficult and time consuming.
• Mark Easter, Best Best & Krieger, Brad Pierce, Pierce Law Firm, Vickie Cook, Overland, Pacific & Cutler, Robert Lea, MAI, Lea Associates, Brad Thompson, MAI, Mason & Mason, and Mona Nemat, Best, Best & Krieger, will provide insights into the "first phase" of acquiring possession of right of way, including best practices and pitfalls to look out for when contacting impacted property owners, preparing the initial appraisal, presenting the offer and engaging in negotiations.
• Brad Kuhn, Nossaman, Rick Friess, Allen Matkins, and James Staudinger, HDR, will provide insights into the "second phase" of acquiring possession of right of way, including best practices and pitfalls to look out for when the parties have reached an impasse in negotiations, sending out notice of the resolution of necessity, drafting and adopting the resolution of necessity, and securing an order for possession from the court.   

The event should be a good one, so we hope to see you there.  If you'd like more info or if you'd like to sign up, see the registration flyer here.