The Eminent Domain Podcast covers topics about condemnation and property rights law from the most influential players in the eminent domain community.
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Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)
Dave Arnold, Kristen Short
An informative and sometimes irreverent podcast for those interested in eminent domain, right of way land acquisition, or infrastructure development. Topics for discussion frequently include condemnation of real property for public use, just compensation, the Uniform Relocation Act, as well as your hosts‘ hot takes on popular culture.
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Focusing on Eminent Domain
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The popular Eminent Domain Podcast signed off after a successful six year run. The Eminent Domain Podcast's host, Texas attorney Clint Schumacher, joins the Infrastructure Junkies to reflect upon his show, his experiences, and all that he learned from being the pioneer podcast for the eminent domain industry. Listen in while Clint is on the busines…
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Appraisers' Roundtable 2: Do That To Me One More Time!!
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Christina Thoreson, Anthony Alderman and Ross Greene return to Infrastructure Junkies for more! Will eminent domain and right of way appraisers be replaced by artificial intelligence ( "AI" )? Can AI supplement or improve appraisal methodology? Wouldn't the use of AI remove inherent human bias in testimony? The group also discusses the sales compar…
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Infrastructure Junkies invited two of their favorite real estate appraisers, Christina Thoreson and Anthony Alderman, to discuss a variety of hot appraisal topics encountered in right of way acquisitions and eminent domain cases. Attorney Ross Greene (Mr. "chicken sacrificing voodoo" himself) infuses the conversation with more than his fair share o…
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In this final and farewell episode of the podcast, we reflect on the many guests and therefore perspectives that we have had on the show, and the important issues we have discussed over the last several years. There is also a behind-the-scenes story from the early years of the podcast. Thank you to all the guests and listeners who have made this po…
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Shant Boyajian of Nossaman, LLP joins the Infrastructure Junkies to update listeners on the progress of the Infrastructure Investment and Jobs Act. Has this funding caused the dramatic boom in the right of way industry as predicted? What projects are being funded and how? Have there been any surprises? Is this just the beginning or is the money run…
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Procedural Right of Way Imperfections...So What? THIS is What!
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Eminent domain can seem oppressive and unfair. The American system of compulsory acquisition features constitutional restrictions and obligations, as well as numerous duties imposed on condemning authorities and rights conferred upon impacted landowners. Our right of way acquisition process has come a long way, yet imperfections persist. Do we have…
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127. Robert Thomas on Eminent Domain Cases to Watch and the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference
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Robert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February. Click here for inf…
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126. Brandi Kellam and Louis Hansen on the Displacement of the Shoe Lane Community
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Investigative journalists Brandi Kellam and Louis Hansen have uncovered the story of the Shoe Lane community in Newport News, Virginia, a middle-class black neighborhood that has been largely displaced and thwarted in its plans for growth by the establishment and expansion of a local university. Louis and Brandi’s work underlines the true impacts o…
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Renowned Author Howard Mansfield returns to Infrastructure Junkies to discuss two more chapters of his book, The Habit of Turning the World Upside Down. In this Season 4 finale, Howard tackles "The Last Medieval Claim" by recounting some of the earliest battles for American soil which occurred in the courts across the ocean, and involved people who…
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125. Professor Shelley Ross Saxer on Inverse Condemnation Claims in Hawaii Wildfire Litigation
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Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters such as the recent Hawaii wildfires. Professor Saxer’s book: Social Ecological Resilience and Sustainability Please share y…
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Heirs Property: So MUCH MORE Than a Land Title Issue!
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Dominion Energy Senior Counsel Karla Carter joins Infrastructure Junkies to discuss the complicated history of heirs property issues. What exactly is "heirs property"? What are the effects--both intended and unintended--on certain segments of the American population? What are our obligations to heirs property in the right of way context? When conde…
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124. Stephen Clarke on Important Considerations in Settlement Agreements
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The overwhelming majority of eminent domain cases settle, and Stephen Clarke of the Waldo & Lyle law firm in Virginia joins the show today to share insights on negotiating and documenting settlement agreements effectively. We also talk about his most recent appearance on the game show Jeopardy! Please share your thoughts on the show or this episode…
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Southeastern Virginia is comprised of seven cities, each of which is waterfront, and many of which are separated by large bodies of water. The Hampton Roads Bridge Tunnel was constructed in the mid 1950's to connect Norfolk and Virginia Beach with Newport News and Hampton without obstructing marine traffic. The Virginia Department of Transportation…
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Matthew Ackerman on Subjective Losses in Takings
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Matthew Ackerman of the Ackerman & Ackerman law firm in Michigan joins the show to discuss what he has called “the pitfalls of objectively measured just compensation” – in other words, the ways in which fair market value may not make a property owner whole in the wake of a taking. Matthew also dives into potential reforms to address the intangible …
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The Los Angeles Aqueduct: A Right of Way Tale for the Ages!!
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A controversial and sometimes shady right of way project may be single-handedly responsible for the City of Los Angeles as we know it, and all that it represents. The Los Angeles Aqueduct, the brain child of William Mulholland and Fred Eaton, miraculously transformed a sleepy oil town into a world famous metropolis. Armchair Engineer Adam Ratliff (…
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Riparian Property Rights: What’s up with THAT??!
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Waterfront property lawyer Bryan Peeples joins the Infrastructure Junkies to discuss exclusive rights enjoyed by waterfront property owners -- better known as "riparian property rights". Bryan explains that riparian rights are valuable real property rights which, in most cases, cannot be taken without just compensation. Bryan defines each of the fi…
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James Lang of the Pender & Coward law firm joins the podcast to talk about the recent U.S. Supreme Court decision in Sackett v. EPA. He also discusses the historical definitions used for the term “waters of the U.S.,” important in understanding the jurisdiction of the federal government to regulate land under or adjacent to waterways. Texas A&M Ass…
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121. Deborah La Fetra on FOMB for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa
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Deborah La Fetra of the Pacific Legal Foundation joins us to talk about the case of Financial Oversight and Management Board for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa, a unique case where the boundaries of just compensation and governmental restructuring collide. Deborah and PLF served as counsel for several of the unpaid prop…
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120. Will Thomsen on the Valuation of Business Goodwill
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In some jurisdictions, the loss of business goodwill is compensable in condemnation cases. Chartered Financial Analyst and Accredited Senior Appraiser Will Thomsen joins the show to discuss the factors that contribute to business goodwill, how he measures the impact of a taking on business goodwill, the evidence he relies on to support his valuatio…
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119. David Koller on Machinery and Equipment Valuation
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David Koller of Cushman & Wakefield’s Chicago office joins the show to discuss his specialization of machinery and equipment valuation. We talk about the methodology involved, some unique examples of his work, how equipment appraisers collaborate with other professionals in the valuation process, and David’s advice to property owners with a need fo…
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118. Elizabeth Larrick on Preparing Witnesses for Deposition
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Personal injury attorney and trial consultant Elizabeth Larrick joins the show to share her wisdom on preparing witnesses for deposition. We talk about assessing the strengths and weaknesses of witnesses, using preparation time effectively, the tools and technology she finds useful, and encouraging hesitant clients. Elizabeth’s expertise is invalua…
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117. Corridor Preservation - Valuation Issues Posed by Efforts to Restrict Development in Future Highway Corridors with Richard Marchitelli and Cory Savik
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Richard Marchitelli and Cory Savik join the podcast to talk about their work in a series of inverse condemnation cases arising in North Carolina when the State sought to restrict or prohibit development within corridors where they planned future projects. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If yo…
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The Coronation of a New King: A Chat With the Incoming IRWA President!
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Incoming International Right of Way Association President Fred Easton joins the Infrastructure Junkies to discuss his vision for the upcoming term. Fred brings his philosophies and grand plans to the discussion table, as well as his passion for education within the organization. Listen in to get to know Fred Easton better, and don't miss the specia…
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116. Brad Kuhn on Trying an Eminent Domain Case
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Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence. There are some great nuggets of wisdom. Please share your thoughts on the show or this episode with me. I’m on Twitter @…
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From the Vault: A Look Back at a Controversial Episode!
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In anticipation of our mid-season finale with incoming International Right of Way Association President Fred Easton, we are re-releasing an entertaining and controversial interview with Jake Farrell, who took the reigns of the IRWA at the San Antonio conference in 2021.Dave Arnold, Kristen Short Bennett による
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115. Mike Schopmeyer and Michael DiRienzo’s Post-Kelo Victory in Indiana
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Mike Schopmeyer and Michael DiRienzo of Kahn, Dees, Donovan & Kahn, LLP in Evansville, Indiana join the show to talk about a case that they recently completed and took through appeal called Guzzo v. Town of St. John. It is an interpretation of Indiana’s post-Kelo legislation and also involves issues of highest and best use. Since the recording of t…
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”My Roots Are Deeper Than Your Pockets” -- Howard Mansfield Returns!
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Renowned author Howard Mansfield returns to Infrastructure Junkies to discuss two more chapters of his fabulous book, The Habit of Turning the World Upside Down. Listeners met Howard in the kickoff episode of Season 4 when he brought us tales of attempts to drain the Great Dismal Swamp and the Ballad of Romaine Tenney. This time Howard discusses "T…
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In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the Penn Central test, why he wants to change it, and what he is doing about it. We also discuss NY Jets football and the big Aaron Rodgers trade. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future sho…
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”Okay, Boomer....” Move Over for the Young Professionals!!
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In this 5th installment of the Infrastructure Junkies Roundtable series, your hosts invite some young(er) right of way professionals to share what's on their mind in this popular format. You know the routine...everyone brings one topic in right of way, and one in pop culture and the group discusses. Listen in to some outstanding insight about the w…
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This episode is the audio from a presentation given to the local International Right of Way Association on the topic of obstacles that arise in negotiations. It is a candid discussion about issues that arise on either side of an eminent domain negotiation that create friction. Please share your thoughts on the show or this episode with me. I’m on T…
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Infrastructure Junkies host TikTok sensation and co-influencer, the Armchair Engineer to lead them through an examination of what is perhaps America's greatest infrastructure marvel of all time, the Hoover Dam. Listen in to learn about the taming of the wild and wonderous Colorado River and political jockeying for water allocation among the seven s…
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112. Kady Valois on The Importance of Easement Language
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Kady Valois of Pacific Legal Foundation joins to discuss the recent case of Behrens v. United States from the Federal Circuit. This is a rails-to-trails case where the outcome hinged on the language of an old easement. The issues in this case have applicability in many types of cases involving the acquisition of easement rights. Please share your t…
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The Wright Stuff: The Daring Duo That Changed the World!
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It's difficult to imagine that just a century ago, airplane contrails were never seen in the sky. There was no airline industry to speak of. In 1900, airplanes did not even exist. Now we live in a world that relies on safe and reliable air travel. What was the genesis of our massive airline infrastructure? Professor Greg Jackson from the "History T…
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111. Authenticity as an Eminent Domain Trial Lawyer
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The person who is unafraid to show their authentic self is a powerful advocate. Authenticity gives us greater empathy for our clients, for the jury, even for opposing witnesses. Today’s episode is about identifying our core values and understanding our authentic self – important processes for excelling in all areas of life, including the honorable …
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Environmental attorney Jim Lang joins the Infrastructure Junkies to educate us on wetlands and their effects on a right of way project, infrastructure development or property acquired by eminent domain. How do you define wetlands, and what the heck are they? How are wetlands identified? Why are wetlands important? How are wetlands regulated? And wh…
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110. Chris Clough on a Taking at the Austin Airport
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Chris Clough, Managing Partner for Barron, Adler, Clough and Oddo, PLLC in Austin, Texas joins us to talk about an eminent domain case involving the Austin airport. The Special Commissioners awarded Chris’s client $90 million. We also talk about Texas condemnation procedure, as well as how he got into the eminent domain practice area. Please share …
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A Brave New World: The Energy Industry and Environmental Justice!
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One year after last season's blockbuster episode about the challenges of the oil & gas and pipeline industries, renowned energy lawyer Tom Forestier returns to Infrastructure Junkies to update us on the current prospects of that industry. Just as it wasn't over "when the Germans bombed Pearl Harbor", rumors of the demise of the oil and gas industry…
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In this episode, Sydney Young joins to talk about her hometown of Paris, Texas, and the effect of an expansion of its main roadway, Loop 286. She also talks about how title companies work (she owns one!). Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas f…
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Son of a Beach! Property Rights in the Cross Hairs of Storm Mitigation Efforts!
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New Jersey's Owner's Counsel of America representative, Tony DellaPelle, re-joins Infrastructure Junkies! to discuss his front line experience on a serious issue that is not going away for coastal communities and residents--storm damage. Tony describes the unexpected devastation of Hurricane Sandy to the Jersey Shore back in 2012, and the reactions…
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108. Special Joint Episode with the Infrastructure Junkies - Mayor Steve Adler
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This special joint episode of the Eminent Domain Podcast and the Infrastructure Junkies features civil rights lawyer turned eminent domain lawyer turned major city mayor, Steve Adler. The former mayor of the City of Austin joins us to talk about his perspective on eminent domain from someone that has seen it from all sides. He shares stories from h…
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Austin: A City SERIOUS About Infrastructure. With Mayor Steve Adler!
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The Infrastructure Junkies team up with Clint Schumacher of the Eminent Domain Podcast to bring you a very special joint episode with a superstar guest. Two term Mayor of Austin, Texas, Steve Adler, joins your three hosts to discuss his time as Mayor of one of America's most vibrant and progressive cities. What was it like to lead the charge on hug…
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Kevin Twining, a partner in Locke Lord, LLP’s Dallas office and co-chair of the firm’s public finance group, joins us to discuss financing for large infrastructure projects. Sometimes that means accessing the public markets, sometimes it means financing through private banks. Kevin gives us a look behind the curtain to see how public entities acqui…
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Renowned author Howard Mansfield joins Infrastructure Junkies! to explain his fascinating book on property rights, The Habit of Turning the World Upside Down. Mansfield details the odd and sometimes disturbing relationship Americans have with land and real property, and brings forth two compelling stories from his book. He details the tragic demise…
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BONUS EPISODE!! Can Experts Be ”Too Honest”? Right Says Fred Says.......
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This is a leaked episode of our other podcast, Infrastructure Junkies Unfiltered! which can be found at the Infrastructure Junkies Website under "Exclusive Content". Fred Easton joined IJ Unfiltered to discuss his experiences as an expert witness in eminent domain cases. Believe it or not, Fred was once fired as an expert witness on a legal case fo…
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106. Professor Jessica Asbridge on Private Delegations of the Eminent Domain Power
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Professor Jessica Asbridge of Baylor Law joins the podcast to discuss her upcoming law review article addressing the private delegation of the eminent domain power. We have an insightful conversation that concerns the law and policy around private companies, such as pipelines, that exercise the eminent domain power, why that exercise is often subje…
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Many thanks to our twelve past podcast guests who joined to share some special memories and traditions from holidays in the past, or events they are looking forward to this year. This was some great content, and I hope it will spur your own sweet memories, or maybe give you ideas for time with friends or family this year. Please share your thoughts…
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The Most Interesting Man in Right of Way Presents: Six Snakes Before Breakfast!
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The most interesting man in right of way, Donnie Sherwood, presents some of his more colorful personal experiences in appraisal assignments. Learn how he handled timber cruises to value trees on a tract of property which was being acquired by a state agency, and the snakes, hogs, spiders, rats and other terrifying creatures that he encountered alon…
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104. Shane Rayman on Annapolis Group, Inc. v. Halifax Regional Municipality
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Shane Rayman of Rayman Harris LLP in Toronto, Ontario joins the show to discuss a recent case out of the Supreme Court of Canada, Annapolis Group, Inc. v. Halifax Regional Municipality. Shane served as counsel for the Canadian Home Builders’ Association, an intervenor in the case. The case deals with regulatory takings, and we discuss Canadian law …
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The Phantom Menace: Critical Issues in Right of Way Appraisal!!
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In this fascinating discussion about various issues encountered in right of way or eminent domain appraisal assignments with our good friends Brian O'Neill and David Burgoyne, Infrastructure Junkies! takes a deep dive on what's hot in the industry. Our guests educate us on the purpose and mechanics of review appraisals, which is an opinion on the q…
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103. Pike Off OTA Leaders Share Their Mission
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Today, we are joined by the leaders of Pike Off OTA, a grass-roots organization formed initially to prevent the development of two proposed turnpikes, the East-West Corridor and the South Extension, that are in the vicinity of Oklahoma City. Dr. Michael Nash, President, Whitney Mullica, Vice-President, and Dr. Amy Cerato, Board Member, talk to us a…
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