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Eminent Domain
New Controversies - New Answers
October 15 - 16, 2015  •  Sheraton Riverwalk  •  Tampa

Overview & Credits Location Schedule Faculty Tuition & Information Download Brochure
Credits Available

Earn Up to 15 Hours MCLE Credit Including 1 Hour of Ethics Credit
Earn Up to 12 Hours Appraiser Credit
Conference Highlights
Dear Colleague:

Practitioners reprsenting either condemnor or condemnee should take note of the present
context in which mixed questions of fact and law arise in order to best prepare a condemnation
matter for settlement or trial.

As funding has become more available for public projects, more cases are approaching trial.
This course of study addresses both familiar and unfamiliar issues in eminent domain. These
issues, however, have taken on new shape or form for a variety of different reasons.

Legal Update on Growth Management and Environmental Legislation, Exaction and Bert J.
Harris Jr. Private Property Rights Protection Act Cases – A synopsis on recent legislation and
caselaw that every eminent domain practitioner should know.

A Renewed Look at the Admissibility of Conceptual Site Plans – A review of past case
precedent provides a template to argue for or against the admissibility of conceptual site plans.

Natural Gas Transmission Pipelines – With a new pipeline coming to Florida, one practitioner
examines how Ch. 73 and 74, Fla. Stat., may apply in either federal or state court proceedings.

Discounted Cash Flow – An appraiser examines how a discounted cash flow technique has
helped resolve three substantial matters.

Exception to the General Rule of Severance Damages -- An engineer shares his experience
when the use of the property taken was integral and inseparable from a project’s single use.

Establishing Damages With Respect to Market Fear – Under Florida law, neither party is
required to prove the reasonableness of market fear. Instead, parties may put on evidence of how
market fear affects price between buyers and sellers. What does such proof look like?

Measuring Full Compensation Under Unique Facts and Circumstances – What is a lawyer to do
when market value does not address all that is needed to make the property owner whole?

Motion Practice – A presentation on the ethical considerations involved in defeating a Daubert
challenge and how to advance a winning case strategy through motion practice.

Successful Litigation Strategies – A workshop on successful litigation strategies reveals available
alternatives for both settlement and trial.

Attorneys’ Fees in Inverse Condemnation Cases – A successful litigator looks at fee shifting
caselaw as a foundation for the determination of attorneys’ fees in inverse condemnation cases.

Constitutional Limits on Acquisition Policy and Practice – With FDOT choosing to procure
services under a single “design-build” contract, right-of-way administrators have greater discretion
to make changes during the course of a project. Are there means to invoke a judicial “check and
balance” when such discretion is used to force an owner to accept less than full compensation?

Payment of Interest as Part of Full or Just Compensation – How are Florida Courts presently
looking at the payment of interest as part of full or just compensation? What’s ahead?

How to Resolve Difficult Eminent Domain Cases – A panel of Florida eminent domain lawyers
share their observations of how best to resolve difficult eminent domain cases.

We look forward to this year’s CLE International Eminent Domain Conference and hope to see
you there with us in Tampa, Florida!
Andrew Prince Brigham, Esq.
Program Co-Chair
Brigham Property Rights Law Firm

Ronald L. Weaver, Esq.
Program Co-Chair
Stearns Weaver Miller Weissler Alhadeff
& Sitterson, Tampa