ALI-ABA Course of Study

Eminent Domain and Land Valuation Litigation

January 4 - 6, 2007

Miami, Florida

TABLE OF CONTENTS

Page

PROGRAM xi

FACULTY PARTICIPANTS xv

FACULTY BIOGRAPHIES xix

STUDY MATERIAL

1. Developments in Eminent Domain Law - 2006

By Gideon Kanner

1

2. Planning? We Don't Have to Follow Any Stinkin' Planning

By Gideon Kanner

15

3. Is the Right to Private Property a Fundamental or an Economic Right?

By Professor David A. Thomas

33

Table of Contents 35

Study Outline 37

Presentation Slides 60

4.

Making Lemonade Out of Lemons: Tackling the Problematic Property in a

Condemnation Action

By Michael Rikon

137

Study A: Wetland Property in Staten Island, New York 139

Study B: Townhouses Nearing Completion 182

Study C: Topography and Pre-Existing Development Limitations 231

Study D: Environmental Contamination 243

5.

Condemning Land Under Government Ownership or Land Already

Devoted to a Public Use

By Jill S. Gelineau

253

6. How To Cross-Examine an Appraiser

By Joseph T. Waldo

267

7.

Commercial Relocation Benefits: The Forgotten Element of Just

Compensation - Reviewing and Making Claims

By Marc J. Manderscheid

289

8.

Commercial Relocation Benefits: The Forgotten Element of Just

Compensation

By Benson A. Snaider

305

Study Outline 307

Exhibit A 321

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9.

Visibility Loss or Diversion of Traffic? Condemnation or Police Power in

Visibility Impairment Cases

By Leslie A. Fields, Henry E. Howell, III, James L. Thompson, and Joseph T.

Waldo

325

If a Public Use Deprives Property of Visibility to the Public that Damages

the Value of the Property, Why Should Not the Property Owner Receive Just

Compensation for That Loss of Property Value?

328

Compensation for Loss of Visibility to and View From the Owner's Property 341

Case Study from Colorado: Department of Transportation v. Marilyn Hickey

Ministries, No. 05-SC-816

351

10. The California Supreme Court Takes Up the Date of Value Question

By Edward G. Burg

391

11.

What a Difference a Day Makes: The Date of Value and the Constitutional

Requirement of Just Compensation

By Edward D. McKirdy

405

12.

Condemnation of the Whole: Why a Full Taking Involves Unique

Considerations That Condemnors Often Overlook

By Joseph P. Suntum and James L. Thompson

413

Study Outline 415

Exhibit 1: Road Development Agreement 426

Exhibit 2: Acknowledgment 428

13. Must Compensation Be "Just" to Both the Owner and the Condemnor

By Leslie A. Fields

431

14. The "Scope" of the Project Influence Rule

By H. Dixon Montague and George R. Murphy

441

Table of Contents 442

Study Outline 443

15.

The Condemnation Landscape Across the Country Post-Kelo

By Dana Berliner, Toby Prince Brigham, Leslie A. Fields, James D.

Masterman, James L. Thompson, and Joseph T. Waldo

497

Legislative Action Since Kelo 501

Text of Legislative Acts Since Kelo 516

Florida Legislation 680

Colorado Legislation 686

Maryland Legislation 691

Newspaper Articles 740

16.

What National Companies Need to Know About Condemnation...and

What Condemnors Need to Know About National Companies

By Mark D. Savin

745

17. What Happens When the Project Fails?

By Jeffrey A. Beaver, Larry J. Smith, and Zachary R. Hiatt

761

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18.

Fitting the Team to the Condemnation Case: Why Two Lawyers Are

Better Than One or Three

By George B. Autry, Jr. and Stephanie H. Autry

773

19.

How Do the Condemnor's Taking Documents Limit the Post-Taking Use

of the Property by the Condemnor?

By Warren C. Herlong, Jr. and J. Casey Pipes

785

20.

Merilyn Cook, et al. v. Rockwell International Corporation and the Dow

Chemical Company: A Daubert Case Study From an Appraiser's

Perspective

By Wayne Hunsperger

799

21.

Is There Really Such a Thing as Truly Private Property? Does the

Government's Role in Creating Value in Property Diminish Its Duty to Pay

Just Compensation?

By James S. Burling

837

22.

A Compilation and Digest of Recent Law Review Articles on Just

Compensation

By Graham Owen

Submitted by James S. Burling

851

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ALI-ABA Course of Study

Eminent Domain and Land Valuation Litigation

January 4-6, 2007 Miami, Florida

PROGRAM

Thursday, January 4, 2007 8:00 a.m. Registration and Continental Breakfast 9:00 a.m. Introductory Remarks and Course Overview – Ms. Fields and Mr.

Waldo 9:15 a.m. Latest Developments in Eminent Domain Law – Mr. Kanner 10:00 a.m. Networking Break 10:15 a.m. Is the Right to Private Property a Fundamental or Economic

Right? – Professor Thomas 11:10 a.m. What Difference Does the Character of the “Right” Make to

the Practicing Attorney? – Mr. Brigham 12:00 noon Lunch Break AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms) Practice Issues Substantive Issues – Live Webcast 1:30 p.m. Making Lemonade out of Lemons:

Tackling the Problematic Property in a Condemnation Action – Mr. Rikon

Condemning Land under Government Ownership or Land Already Devoted to a Public Use – Ms. Gelineau

2:15 p.m. How To Effectively Cross-Examine the Opposing Side’s Appraiser – Mr. Waldo

When Does a Prospective Use of the Condemned Property Cross the Line into Inadmissible Speculation? – Mr. Goldstein

3:00 p.m. Networking Break Practice Issues Substantive Issues – Live Webcast 3:15 p.m. Commercial Relocation Benefits: The

Forgotten Compensation Claim – Messrs. Manderscheid and Snaider

Visibility Loss or Diversion of Traffic? Condemnation or Police Power in Visibility Impairment Cases – Ms. Fields and Messrs. Howell, Thompson, and Waldo

4:00 p.m. What a Difference a Day Makes: The Substantive and Practical Aspects of the Date of Value in Determining Just Compensation – Messrs. Burg and McKirdy

Condemnation of the Whole: Why a Full Taking Involves Unique Considerations that Condemnors Often Overlook – Messrs. Suntum and Thompson

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5:00 p.m. Adjournment for the Day; Meet and Greet Reception* (sponsored by Cushman & Wakefield, Inc.)

6:00 p.m. Hospitality Events and Networking*; join your colleagues, faculty, and the Hospitality Committee for dinner (optional; dinner not included in tuition)

Hospitality Committee: Patricia Cohen, Brenda Couzart, Donna R. Elliott, and Francisco J. Pines Friday, January 5, 2007 7:30 a.m. Continental Breakfast 8:00 a.m. When the Rubber Meets the Road: Real Life Ethical Problems

Confronting the Eminent Domain Lawyer* – Ms. Fields and Messrs. Goldstein and Waldo

9:00 a.m. Must Compensation Be “Just” for both the Owner and the Condemnor? – Ms. Fields

9:45 a.m. Revisiting the “Scope of the Project Influence Rule” – Mr. Montague

10:30 a.m. Networking Break 10:45 a.m. How Kelo is Being Addressed Today by Lawmakers and the

Courts – Ms. Berliner 11:30 a.m. The Condemnation Landscape Across the Country Post-Kelo –

Mss. Berliner and Fields and Messrs. Brigham, Masterman, Thompson, and Waldo

12:15 p.m. Lunch Break AFTERNOON CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms) Practice Issues – Live Webcast Substantive Issues 1:30 p.m. What National Companies Need To

Know about Condemnation …and What Condemnors Need To Know about National Companies – Mr. Savin

Proximity Damages: Eye of a Needle or Gateway to Just Compensation? – Mr. Howell

2:15 p.m. Preparing the Appraisal Witness for Deposition and Court Testimony – Messrs. Hunsperger and Masterman

What Happens When the Project Fails after the Property Is Condemned? – Mr. Beaver

3:00 p.m. Networking Break

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Practice Issues – Live Webcast Substantive Issues 3:15 p.m. Two Lawyers Are Better than One – but

One Lawyer Is Better than Three: Effective Presentation of Your Case When Multiple Lawyers Are Involved – Ms. Autry and Mr. Autry

How Does the Condemnor’s Taking Documents Limit the Post-Taking Use of the Property by the Condemnor? – Messrs. Herlong and Pipes

4:00 p.m. The Rocky Flats Project: A Case Study in Addressing Daubert and Methodology Challenges from an Appraiser’s Perspective – Mr. Hunsperger

Valuation of Condominium and Common Interest Owned Property – Ms. Brody

5:00 p.m. Adjournment for the Day; Hospitality Events and Networking* Saturday, January 6, 2007 8:30 a.m. Continental Breakfast and Optional Morning Interactive

Workshop 9:00 a.m. Regulatory Takings Update* – Mr. Berger 10:00 a.m. Is There Really Such a Thing as Truly Private Property? Does

the Government’s Role in Creating Value in Property Diminish Its Duty To Pay Just Compensation?* – Mr. Burling

10:30 a.m. Networking Break 10:45 a.m. National Forum* – Mr. Brigham 12:00 noon Adjournment *Joint session for registrants for both Eminent Domain and Land Valuation Litigation and Condemnation 101

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ALI-ABA Course of Study

Eminent Domain and Land Valuation Litigation

January 4 - 6, 2007

Miami, Florida

PLANNING CHAIRS

Leslie A. Fields, Esquire

Faegre & Benson LLP

3200 Wells Fargo Center

1700 Lincoln Street

Denver, CO 80203

Joseph T. Waldo, Esquire

Waldo & Lyle, P.C.

301 West Freemason Street

Norfolk, VA 23510

PLANNING CHAIRS EMERITI

Toby Prince Brigham, Esquire

Brigham Moore LLP

Suite 625

2525 Ponce de Leon Boulevard

Coral Gables, FL 33134

Gideon Kanner, Esquire

Of Counsel, Manatt, Phelps & Phillips, LLP

PO Box 1741

Burbank, CA 91507

FACULTY

George B. Autry, Jr., Esquire

Cranfill, Sumner & Hartzog, LLP

Suite 300

225 Hillsborough Street

Raleigh, NC 27603

Stephanie H. Autry, Esquire

Cranfill Summer & Hartzog, LLP

Suite 300

225 Hillsborough Street

Raleigh, NC 27603

Jeffrey Beaver, Esquire

Graham & Dunn, P.C.

Pier 70

Suite 300

2801 Alaskan Way

Seattle, WA 98121

Michael M. Berger, Esquire

Manatt, Phelps & Phillips, LLP

11355 W. Olympic Boulevard

Los Angeles, CA 90064

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Dana Berliner, Esquire

Institute for Justice

Suite 900

901 North Glebe Road

Arlington, VA 22203

Amy Brigham Boulris, Esquire

Brigham Moore LLP

203 SW 13th St

Miami, FL 33130-4219

Karen L. Brody, Esquire

Lowe, Fell & Skogg

Suite 4900

370 Seventeenth Street

Denver, CO 80202

Edward G. Burg, Esquire

Manatt, Phelps & Phillips, LLP

11355 W. Olympic Boulevard

Los Angeles, CA 90064

James S. Burling, Esquire

Principal Attorney, Property Rights Practice

Group

Pacific Legal Foundation

Suite 200

3900 Lennane Drive

Sacramento, CA 95834

Jill S. Gelineau, Esquire

Schwabe Williamson & Wyatt, P.C.

Pacwest Center

Suite 1900

1211 S.W. Fifth Avenue

Portland, OR 97204

Thomas Goldstein, Esquire

Assistant County Attorney

Miami-Dade County Attorney’s

Office

Suite 2810

111 Northwest First Street

Miami, FL 33128

Warren C. Herlong, Jr., Esquire

Helmsing, Leach, Herlong, Newman & Rouse,

P.C.

Suite 2000

150 Government Street

Mobile, AL 36602

Henry E. Howell, III, Esquire

Waldo & Lyle P. C.

301 West Freemason Street

Norfolk, VA 23510

Wayne Hunsperger

Hunsperger & Weston, Ltd.

Suite 404

5889 Greenwood Plaza Boulevard

Greenwood Village, CO 80111

Marc J. Manderscheid, Esquire

Briggs and Morgan, P.A.

2200 IDS Center

80 South Eighth Street

Minneapolis, MN 55402

James D. Masterman, Esquire

Masterman, Culbert & Tully LLP

One Lewis Wharf

Boston, MA 02110

Edward D. McKirdy, Esquire

McKirdy and Riskin, P.A.

136 South Street

Morristown, NJ 07960

H. Dixon Montague, Esquire

Vinson & Elkins LLP

Suite 2500

First City Tower

1001 Fannin Street

Houston, TX 77002

xvi

J. Casey Pipes, Esquire

Helmsing, Leach, Herlong, Newman & Rouse,

P.C.

Suite 2000

150 Government Street

Mobile, AL 36602

Michael Rikon, Esquire

Goldstein, Goldstein, Rikon & Gottlieb, P.C.

32nd Floor

80 Pine Street

New York, NY 10005

Mark D. Savin, Esquire

Faegre & Benson LLP

90 South Seventh Street

2200 Wells Fargo Center

Minneapolis, MN 55402

Benson A. Snaider, Esquire

The Law Office of Benson A. Snaider

Suite 403

55 Church Street

New Haven, CT 06510

Joseph P. Suntum, Esquire

Miller, Miller & Canby, Chartered

200-B Monroe Street

Rockville, MD 20850

Professor David A. Thomas

Rex E. Lee Endowed Chair and

Professor of Law

J. Reuben Clark Law School

Brigham Young University

PO Box 28000

Provo, UT 84602

James L. Thompson, Esquire

Miller, Miller & Canby, Chartered

200-B Monroe St

Rockville, MD 20850

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FACULTY BIOGRAPHIES PLANNING CHAIRS (also on faculty) Leslie A. Fields, Denver, Colorado Faegre & Benson LLP B.A., Eastern Washington State University; J.D., University of Denver Honors: Listed in “The Best Lawyers in America,” Real Estate Law and Eminent Domain

and Condemnation Law (2006 and 2007); “Super Lawyers,” Real Estate Transactions (2006); Chambers USA’s “America’s Leading Lawyers for Business and Real Estate” (2005 and 2006)

Government & Public Service: Former Assistant City Attorney, City of Lakewood, Colorado

Memberships: Colorado Bar Association (Former Member, Board of Governors; Executive Council); Denver Bar Association; Sam Cary Bar Association (Advisory Committee)

Publications include: Eminent Domain, ANNUAL SURVEY OF COLORADO LAW (2004); Discovery of Multiple Appraisals and Compelling Testimony of Adversary’s Appraisers and Appropriation and Valuation of Mineral Deposits (Chapter Author), LAW OF EMINENT DOMAIN (1994); Mock Trial (Chapter Author), HANDBOOK FOR AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS; Status of Landowner’s Property Slated for Condemnation, COLORADO LAWYER (1985)

Joseph T. Waldo, Norfolk, Virginia Waldo & Lyle, P.C. A.B., University of North Carolina-Chapel Hill; J.D., College of William and Mary

(Marshall-Wythe School of Law) Government & Public Service: Virginia General Assembly Housing Study Commission

on Eminent Domain Powers (2001-present); Virginia General Assembly Joint Subcommittee Examining Compensation by Eminent Domain (1999-2000); Former Hearing Officer, Commonwealth of Virginia

Memberships: American Bar Association (Section of Real Property, Probate and Trust Law: Vice Chair, Condemnation Division); Virginia Bar Association; Norfolk-Portsmouth Bar Association; City of Norfolk School Board (1992-99); Virginia Beach Society for the Prevention of Cruelty to Animals (Past President and Director, 1986-92); William and Mary Law School Association (Past Secretary, Treasurer, and Director, 1984-88); William and Mary Law School Foundation (Board, 2005); Norfolk State University Foundation Board (Director, 1999-2004)

xix

PLANNING CHAIRS EMERITI (also on faculty) Toby Prince Brigham, Miami, Florida Brigham Moore LLP B.A., Yale University; J.D., University of Florida Adjunct Professor, University of Miami School of Law (Eminent Domain) Honors: Brigham-Kanner Prize, established by William and Mary College of Law in

2004 to annually recognize lifetime contributions to the field of private property rights; Listed in “Legal Elite,” Florida Trend Magazine; Top Attorney in South Florida, South Florida Legal Guide; “Best Lawyers in America” (since 2001)

Government & Public Service: Legislative Commission to Draft the Bert J. Harris Act Memberships: American Bar Association (Eminent Domain Subcommittee, Section of

Real Property, Probate and Trust Law); The Florida Bar (Committee on Eminent Domain: Past Chair; Steering Committee, 1969-72, 1976-77, 1984-89; Continuing Legal Education Committee, 1985); Dade County Bar Association; Owners’ Counsel of America (Moderator)

Publications Include: Introduction to the Practice of Eminent Domain, Condemnation and the Landlord Tenant Relationship (Chapter Co-Author), Costs and Attorneys Fees (Chapter Co-Author), and Eminent Domain, Powerlines and Electromagnetic Fields (Chapter Co-Author), NICHOLS ON EMINENT DOMAIN (Matthew Bender 1990, 1993 Supp.); Pretrial Procedures and Preparation for Trial and Environmental Land Use Regulations and the Constitutional Protections of the Rights of Private Ownership (Chapter Author), FLORIDA EMINENT DOMAIN PRACTICE AND PROCEDURE (Florida Bar, 3d Ed. 1977); Order of Taking and Other Orders Before Trial, Preparation for Valuation Trial or Settlement, and Inverse Condemnation (Chapter Author), FLORIDA EMINENT DOMAIN PRACTICE AND PROCEDURE (Florida Bar, 2d Ed. 1970)

Gideon Kanner, Los Angeles, California Of Counsel, Manatt, Phelps & Phillips, LLP, Los Angeles Professor Emeritus, Loyola Law School B.M.E., The Cooper Union; J.D., University of Southern California Honors: Listed in “The Best Lawyers in America” Government & Public Service: Consultant to California Law Revision Commission on

Eminent Domain and Inverse Condemnation in California (1970- ); Consultant on expropriation law reforms to Japanese Construction Ministry

Honors: Brigham-Kanner Prize, established by William and Mary College of Law in 2004 to annually recognize lifetime contributions to the field of private property rights; Harrison Tweed Award (ALI-ABA, 1999, for exceptional merit in continuing legal education); Recipient, British Academy Scholarship (1990); Shattuck Prize (American Institute of Real Estate Appraisers, 1973)

Memberships: Advisory Committee on Uniform Eminent Domain Code (1974); California Academy of Appellate Lawyers (President, 1972-74); Advisory Committee to the ALI-ABA Program Subcommittee; Organizer and co-editor of International Comparative Law Colloquium on Expropriation Law, Oxford, England (1990)

xx

Publications Include: Welcome Home Rambo: High-Minded Ethics and Low-Down Tactics in the Courts, 25 LOY. L.A. L.REV. 81 (1991); Thoughts on the White River Junction Manifesto: A Reply to the Gang of Five's Views on Just Compensation for Regulatory Taking of Property (Co-Author), 19 LOY. L.A. L. REV. 685 (1986); Condemnation Blight: Just How Just is Just Compensation?, 48 NOTRE DAME LAW. 765 (1973); JUST COMPENSATION (Editor and Publisher)

FACULTY George B. Autry, Jr., North Carolina Cranfill, Sumner & Hartzog, LLP B.A., University of Texas – Austin; J.D., University of North Carolina at Chapel Hill

School of Law Honors: Outstanding Volunteer Attorney (Wake County Bar Association, 1993); Listed

in “Best Lawyers in America” (Eminent Domain and Condemnation Law, 2007) Government & Public Service: North Carolina Mining Commission (appointed by

Governor Easley to his second six-year term) Memberships: Owners' Counsel of America; North Carolina State Bar (Chair, Land

Condemnation Specialty Committee); North Carolina Bar Association; Wake County Bar Association

Stephanie Hutchins Autry, Raleigh, North Carolina Cranfill, Sumner & Hartzog, LLP B.A., University of North Carolina at Greensboro; J.D., University of North Carolina at

Chapel Hill School of Law Honors: Listed in “Best Lawyers in America” (Eminent Domain and Condemnation Law,

2007) Memberships: American Bar Association; North Carolina Bar Association; Wake County

Bar Association; North Carolina Academy of Trial Lawyers; Defense Research Institute

Jeffrey A. Beaver, Seattle, Washington Graham & Dunn P.C. B.A., Morehouse College; J.D., University of Oregon Honors: “Super Lawyer” (WASHINGTON LAW & POLITICS, 2002-06) Government & Public Service: Law Clerk to Honorable Jerome Farris (9th Cir., 1985-

86); Judicial Extern to Honorable Allen Broussard (Cal. Sup. Ct., 1984); Washington State Minority and Justice Commission; Washington State Bar Adjunct Investigative Counsel Panel (2006-11); Washington State Board of Judicial Administration (Court Security Committee, 2005-08)

Memberships: American Bar Association (Co-Chair, Condemnation, Zoning and Land Use Committee, Litigation Section, 2006-09); Washington State Bar Association; Oregon Bar Association; King County Bar Association (former member, Board of Trustees); National Bar Association (former Member, Board of Governors);

xxi

Loren Miller Bas Association (past President); King County Bar Foundation (former member, Board of Trustees, President’s Council); Hirobayashi Coram Nobis Team; University of Oregon School of Law (Dean's Advisory Council, 2005-08); Loren Miller Bar Association (Former President and Treasurer); Odessa Brown Children's Clinic (Former member, Advisory Board); Multiple Sclerosis Association of King County (Former Board Member)

Publications Include: WASHINGTON MOTOR VEHICLE ACCIDENT LITIGATION DESKBOOK (Co-Author) (1998 & 2001 Supps.)

Michael M. Berger, Los Angeles, California Manatt, Phelps & Phillips, LLP Brandeis University; J.D., Washington University; LL.M. (Real Property), University of

Southern California Certified Specialist in Appellate Law (The State Bar of California Board of Legal

Specialization) Adjunct Professor, University of Miami School of Law (1996- ); Adjunct Professor,

Loyola Law School (Los Angeles) (1972-83) Honors: Harrison Tweed Award for Special Merit in Continuing Legal Education (ALI-

ABA ,1989); Listed in “The Best Lawyers in America” (2006) Government & Public Service: Government Liability Advisory Committee to California

Legislature's Committee on Tort Liability (1977-79); California Chief Justice's Advisory Committee for an Effective Publication Rule (1978-79)

Memberships: American College of Real Estate Lawyers; American Academy of Appellate Lawyers; American Bar Association (Section of Real Property, Probate and Trust Law, Committees on Environmental Law and Regulation of Land Use) (Section of Urban, State and Local Government Law: Chair, Committee on Urban Environmental Law, 1974-78); California State Bar (Chair, Committee on Appellate Courts, 1981-82; Committee on Condemnation, 1985-88); Los Angeles County Bar Association (Condemnation and Land Valuation Litigation Committee); California Academy of Appellate Lawyers (President, 1980-81); Municipal Legal Studies Center; Center for American and International Law (Advisory Board, 1989- ); The Urban Land Institute (1988- )

Publications: What Are the Prospects for Reversal? (Chapter Author), in CALIFORNIA CIVIL APPELLATE PRACTICE (CEB 3d Ed. 1996); Chapters on Zoning and Land Use Control (Co-Author), in 8 CALIFORNIA REAL ESTATE LAW AND PRACTICE (Matthew Bender, 1984); CALIFORNIA LAND USE LAW & POLICY REPORTER (Advisory Board); Contributing occasional author, column on land use law, LOS ANGELES TIMES (Aug. 1991-present); Contributing author, monthly column: Takings and Land Use, for LOS ANGELES DAILY JOURNAL and SAN FRANCISCO DAILY JOURNAL (Jan. 1991-present); Contributing author, column on property law for the CALIFORNIA REAL ESTATE JOURNAL (Jan. 1998-present); Contributing author, column on property law for THE NATION’S BUILDING NEWS (published by the National Association of Home Builders, Dec. 1993-present); U.S. Supreme Court Expands Concept of Public Use in Eminent Domain, WMA REPORTER (Sept. 2005); Shell Game! You Can’t Get There From Here: Supreme Court

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Ripeness Jurisprudence in Takings Cases at Long Last Reached the Self-Parody Stage, 36 URB. LAW. 671 (2004); To Steal or Not to Steal? That is the Question (Co-Author), 55 LAND USE L. & ZONING DIG. 13 (Nov. 2003); What’s ‘Normal’ About Planning Delay? (Chapter Author), ABA TAKING SIDES ON TAKING ISSUES: PUBLIC AND PRIVATE PERSPECTIVES, (Roberts, ed., 2002); The Shame of Planners, 54 6 LAND USE L. & ZONING DIG. 6 (June 2002); Vindicating the Rights of Private Land Development in the Courts, 32 URB. LAW. 941 (2000); Supreme Bait & Switch: The Ripeness Ruse in Regulatory Takings, 3 WASH. U. J.L. & POL’Y 99 (2000); The Truck Stops Here, VERDICTS & SETTLEMENTS (Oct. 2000)

Dana Berliner, Washington, D.C. Senior Attorney, Institute for Justice B.A., J.D., Yale University Honors: Private Property Rights Advocate Award (Property Rights Foundation of

America, 2003) Other Government & Public Service: Law clerk to the Honorable Jerry Smith (5th Cir.) Member: District of Columbia Bar Association Publications include: PUBLIC POWER, PRIVATE GAIN: A FIVE-YEAR STATE-BY-STATE

REPORT EXAMINING THE ABUSE OF EMINENT DOMAIN (2003); OPENING THE FLOODGATES: EMINENT DOMAIN ABUSE IN THE POST-KELO WORLD; Costco’s Corporate Welfare, INTELLECTUAL AMMUNITION (Spring 2003); End Eminent Domain Abuse, INTELLECTUAL AMMUNITION (May/June 2002); Home, Safe Home, Commentary, THE WASHINGTON TIMES (2004); Your Home is Not Your Castle, CAPITALISM MAGAZINE (Sept. 12, 2005)

Karen L. Brody, Denver, Colorado Lowe, Fell & Skogg B.A., J.D., University of Denver; M.A. (Economics), Tufts University Memberships: Colorado Bar Association (Court Reform Committee); Denver Bar

Association; Federal Bar Association; University of Denver Sturm College of Law Alumni Council

Edward G. Burg, Los Angeles, California Manatt, Phelps & Phillips, LLP B.A., University of California – Irvine; J.D., University of California – Berkeley (Boalt

Hall) Publications: Litigation Over Rain Damage Pits Experts Against Experts, L.A. DAILY J.

(Mar. 1, 2005); Record Rainfall Will Lead to a Flood of Litigation, INSUR. J. (April 4, 2005); Landlord/Tenant Issues in California Condemnation Actions, 2003 INSTITUTE OF PLANNING, ZONING, AND EMINENT DOMAIN (Center for American and International Law); Premium Treatment: Has a State Court Gone Too Far in Shielding the Insurance Industry from the Unfair Business Practices Act?, L.A. LAW. (Dec. 1994); Parol on Parole: A Plea to Tighten the Reins, 3

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CAL. LITIG. 27 (1989); Meeting the Challenge: Rethinking Judicial Disqualification, 69 CAL. L. REV. 1445 (1981)

James S. Burling, Sacramento, California Principal, Property Rights Practice Group, Pacific Legal Foundation B.A., Hamilton College; ScM., Brown University; J.D., University of Arizona Memberships: Federalist Society (Environmental Law and Property Rights Practice

Group) Publications Include: A Supreme Property Rights Disaster in the Making, One Republic

J. (Aug. 15, 2005); Private Property Rights and the Environment After Palazzolo, 30 B.C. ENVTL. AFF. L. REV. 1 (2002); Can the Existence of Value in Property Avert a Regulatory Taking When Economically Beneficial Use Has Been Destroyed, in TAKING SIDES ON TAKINGS ISSUES: PUBLIC AND PRIVATE PERSPECTIVES (Thomas Roberts, ed. 2002); The Latest Take on Background Principles and the States' Law of Property After Lucas and Palazzolo, 24 U. HAWAII L. REV. 497 (2002); Property Rights, Endangered Species, and Other Critters: Is It Against Nature to Pay for a Taking?, 27 LAND & WATER L.REV.309 (1992); Takings and Aquatic Resources after Lucas, in WATER LAW, TRENDS, POLICIES AND PRACTICE (ABA, 1994)

Planning chair for ALI-ABA program, “Inverse Condemnation and Related Government Liability”

Jill S. Gelineau, Portland, Oregon Schwabe, Williamson & Wyatt, P.C. B.S., J.D., University of Oregon Honors: Listed in 2007 “Best Lawyers in America” (Eminent Domain & Condemnation

Law) Government & Public Service: State of Oregon’s Task Force for Land Use Planning

(appointed by Governor Kulongoski, 2006) Memberships: American Bar Association (Section of Business Law: Chair, Membership,

1998- ; Editorial Board, 1995-2000) (Young Lawyers' Division: Chair, Litigation Committee, 1992-93; Chair of Publications, 1993-94; Chair, Professional Development Committee, 1995-96) (Section of Litigation: Co-Chair, Regulatory Takings Subcommittee, 2001- ); Owners' Counsel of America

Publications: Assisted in rewriting of chapter, “Condemnation,” in NICHOLS ON EMINENT DOMAIN

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Thomas Goldstein, Miami, Florida Assistant County Attorney, Miami-Dade County Attorney’s Office (since 1975) B.A., Wabash College; M.A., Washington University; J.D., Howard University School of

Law; Fulbright Scholar, Nanyang University, Singapore Memberships: Florida Bar (Eminent Domain Committee)Publications: Order of Taking (chapter author), in FLORIDA EMINENT DOMAIN PRACTICE

AND PROCEDURE (6th Ed.)(Florida Bar); Trial Tactics and Strategies in the Presentation of Comparable Sales (chapter author), in NICHOLS ON EMINENT DOMAIN

Warren C. Herlong, Jr., Mobile, Alabama Helmsing, Leach, Herlong, Newman & Rouse, P.C. B.A., University of Alabama; J.D., University of Virginia; Dip. Roman L., University of

Edinburgh Honors: Listed in “Best Lawyers in America” (2006) Government and Public Service: Former Special Assistant Attorney General, Alabama

Department of Transportation Memberships: American Bar Association (Section of Real Property, Probate and Trust

Law: Chair, Committee on Condemnation, Zoning and Land Use, 1999-2002; Alabama State Bar Association (Real Property Section); Owners’ Counsel of America; International Right-of-Way Association (Alabama Chapter); Appraisal Institute (Affiliate Member); Mobile and Baldwin County Bar Associations; Alabama Defense Lawyers Association

Publications Include: Damages to the Remainder-Loss of Parking Spaces in Condemnation Actions (Co-Author), PROBATE & PROPERTY (May/June 2003); Working with Appraisers in Condemnation Cases, PRAC R.E. LWR. (Nov. 2001)

Henry E. Howell, III, Norfolk, Virginia Waldo & Lyle, P.C. B.A., J.D., University of Virginia Government and Public Service: Hearing Officer, Supreme Court of Virginia and

Virginia Department of Education (1998-2003) Memberships: Norfolk Portsmouth Bar Association (Continuing Legal Education

Committee, 1989-91); Virginia Beach Bar Association; Virginia Trial Lawyers Association; Jones Institute Foundation of Eastern Virginia Medical School (Development Committee, 1988-92); Tidewater Community Services Boards of the Department of Mental Health, Mental Retardation and Substance Abuse Programs of the Commonwealth of Virginia (Chair, Local Human Rights Committee, 1987-93); Soccer Coach with the Virginia Beach Soccer Club (Coach, 1990-94); Lee's Friends of Norfolk, Virginia (1992-94); Virginia Beach Middle School Parent Teacher Association (Executive Board, 1999-2001); Virginia Beach City Democratic Committee, (Chair, 2001-03)

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Wayne Hunsperger, Greenwood Village, Colorado Hunsperger & Weston, Ltd. B.B.A., University of Texas at Austin Prior Affiliations: President, Hunsperger/Van Court, Inc. (1984-91); Appraiser, Midland

Federal Savings (1975-84) Memberships: The Appraisal Institute (MAI and SRA)(Past Member, Professional

Standards Panel; Past Member, General Experience Subcommittee; Past Member, Symposium Committee; Past Board of Directors - Chapter 22 (Past Chair, Chapter 22 Admissions Committee (1989, 1990); Past Chair, Chapter 22 Candidates Guidance Committee (1988)); The International Right of Way Association

Publications: The Effects of the Rocky Flats Nuclear Weapons Plant on Neighboring Property Values (Chapter Author), RISK, MEDIA AND STIGMA (Earthscan Publications, Ltd., London); Contribution to GSA APPRAISAL MANUAL - RE: Appraising Contaminated Properties

Marc J. Manderscheid, Minneapolis, Minnesota Briggs and Morgan, P.A. B.A., Augustana College; J.D., University of Pennsylvania Law School Certified Civil Trial Specialist (Minnesota State Bar Association); Fellow, American Bar

Foundation Honors: Named “Leading Minnesota Attorney”; “Super Lawyer” (MINNESOTA LAW &

POLITICS) Memberships: Ramsey County Bar Association; Hennepin County Bar Association

(Board member, Eminent Domain Section); Minnesota State Bar Association (Litigation, Bankruptcy, and Construction Sections); American Bar Association; St. Joseph Ministries (Board of Directors); St. Paul School Board (1994-98); St. Paul Public Schools Foundation (Board of Directors); Education Technology Associates (board member); Prepare St. Paul (former board member, St. Paul Downtown Council); St. Paul Chamber of Commerce Political Action Committee (former board member); Ramsey County Regional Railroad Authority (Citizen’s Advisory Committee); Macalester-Groveland District Council

James D. Masterman, Boston, Massachusetts Masterman, Culbert & Tully LLP B.A., Cornell University; J.D., Boston University Government and Public Service: Assistant District Attorney, Suffolk County (Boston),

Massachusetts (1980-82); Law Clerk to Hon. John J. McNaught (D. Mass.) (1979-80); Boston Mayor Thomas M. Menino's Advisory Panel on Housing (2004); Needham, Massachusetts, Town Meeting Member; Town of Needham Finance Committee (1999-2002)

Memberships: American Bar Association (Section of Litigation: Chair, Committee on Condemnation, Zoning and Land Use, 1995-98; Co-Chair, Unpublished References Committee, 1999-2000; Federal Practice Task Force); Massachusetts

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Bar Association (Council, Public Law Section, 1996- ); Boston Bar Association; Owners’ Counsel of America

Publications Include: Eminent Domain Chapter in REAL ESTATE TITLE PRACTICE IN MASSACHUSETTS (Mass CLE, 2003); Cost Is Not Value: Post-Inmar Valuations, 10 REAL ESTATE FINANCE 33 (Summer 1993); Valuation of Contaminated Real Estate, 21 M.L.W. 32 (1993); Massachusetts Regulatory Takings Law after Lucas, 21 M.L.W. 229 (1992); DAMAGES IN MASSACHUSETTS LITIGATION - REAL PROPERTY DAMAGES (Co-Author) (Mass CLE, 1993)

Edward D. McKirdy, Morristown, New Jersey McKirdy and Riskin, P.A. A.B., Harvard University; J.D., Yale University Honors: Listed in “New Jersey Super Lawyers”; Professional Lawyer of the Year Award,

(New Jersey State Bar Association and Morris County Bar Association, 2004); Special Counsel, Town of Morristown (2005);

Certified Civil Trial Attorney (Supreme Court of New Jersey, Board on Trial Attorney Certification)

Government & Public Service: Deputy Attorney General, State of New Jersey (1965-70); Memberships: Morris County (Trustee), New Jersey State Bar Association (Member,

1982-1986, Vice Chairman, and Chairman, 1985-1986, District 10 Fee Arbitration Committee; Hearing Panel Chair, District 10 Ethics Committee; Member, and Chairman, Morris County Judicial and Prosecutorial Appointments Committee, 1992-1999; New Jersey State Bar Association Judicial and County Prosecutor Appointments Committee; Morris County Judicial Selection Committee, 1999-2005; Judicial Eligibility Committee, 2006-); American Bar Association; Trial Attorneys of New Jersey; National Association of Real Estate Appraisers(Atlantic City); Society of Real Estate Appraisers (New Jersey Chapter); Local Chapter Independent Fee Appraisers, Passaic County; South Jersey Chapter of Real Estate Appraisers; Real Estate Tax Appeals, Rutgers University Bureau of Government Research

Publications Include: Condemnation in New Jersey: Some Practical Applications of Current Law, NEW JERSEY STATE BAR JOURNAL; Cross Examination of the Appraisal Expert, INSTITUTE ON PLANNING, ZONING AND EMINENT DOMAIN; Impairment of Access - Alive or Dead?, INSTITUTE ON PLANNING, ZONING AND EMINENT DOMAIN; Tax Appeals in a Depressed Market, TRI-STATE REAL ESTATE JOURNAL; How to Value a Leasehold in an Eminent Domain Case, PRAC. REAL EST. LAW.; The New Eminent Domain: Public Use Defense Vanishing In Wake of Growing Privatization of Power, 155 N.J.L.J. 145 (1999)

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H. Dixon Montague, Houston, Texas Vinson & Elkins LLP B.A., Tulane University; J.D., University of Mississippi Adjunct Professor, South Texas College of Law (Eminent Domain and Land-Use Law) Honors: “The Best Lawyers in America,” commercial litigation and real estate law

(2005-06); "Texas Super Lawyer," real estate litigation (TEXAS MONTHLY, 2005) Fellow, Texas Bar Foundation; Houston Bar Foundation Memberships: American Bar Association (Past Co-Chair, Subcommittee on Inverse

Condemnation); Texas Bar Association; Houston Bar Association; American Trial Lawyers Association; Urban Land Institute; Fifth Circuit Bar Association; American Board of Trial Advocates; Owners’ Counsel of America; Green Turtle Cay Foundation (Board of Directors); Duchesne Academy (Board of Trustees)

Publications: The Circuitous Route Taken to Deny Property Owners Damages in Access Cases: Where Has All the Fairness Gone?, 32 URB. LAW. 523 (Summer 2000); Market Value and All That Jazz: The Proof of the Pudding is in the Eating, 30 URB. LAW. 631 (1998)

J. Casey Pipes, Mobile, Alabama Helmsing, Leach, Herlong, Newman & Rouse, P.C. B.A., Washington & Lee University; J.D., University of Alabama Memberships: American Bar Association; Alabama State Bar; Mobile & Baldwin County

Bar Associations; Alabama Association of Municipal Attorneys; International Right of Way Association

Publications: Damages to the Remainder --- Loss of Parking Spaces in Condemnation Actions, PROB./PROP. (May/June 2003)

Michael Rikon, New York, New York Goldstein, Goldstein, Rikon & Gottlieb, P.C. B.S., New York Institute of Technology; J.D., Brooklyn Law School; LL.M., New York

University Honors: Listed in “Who’s Who in American Law,” “Who’s Who in the East,” and

“Who’s Who in the World” Government and Public Service: Assistant Corporation Counsel (Condemnation

Division), City of New York (1969-73); Law Clerk to the Honorable Albert A. Blinder (N.Y. Ct. Cl.) (1973-80); Consultant to the New York State Commission on Eminent Domain (1972-73)

Fellow, American Bar Foundation Memberships: American Bar Association (Section of Real Property, Probate and Trust

Law: Chair, Condemnation Committee) (Section of Litigation: Committee on Condemnation, Zoning and Land Use); New York State Bar Association (Condemnation Committee); New York County Lawyers' Association (Chair, Condemnation Committee); Suffolk County Bar Association; Mt. Vernon Bar Association; Association of the Bar of the City of New York; New York State Condemnation Conference; The Appraisal Institute (Affiliate Member); Owner's

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Counsel of America; Association of the Bar of New York (Task Force on Downtown Redevelopment); American Society of Writers on Legal Subjects

Publications Include: The Law of Trade Fixtures, 26 R.E.L.J. 2 (1997); Inverse Condemnation, 67 N.Y.S. B. J. 8, (1995); Criscuola - Sparks are Still Flying, N.Y.L.J. (Apr. 24, 1996); Electromagnetic Radiation Field Property Devaluation, APPRAISAL J. (Jan. 1996); Valuing Contaminated Property, N.Y.L.J. (Dec. 24, 1997); The Use of Prior Appraisals in Condemnation and Tax Certiorari Cases, N.Y. S. B. J. (Jul. 1998); The Pine Barrens Land Grab, N.Y.L.J. (Jun. 23, 1999); Valuing Property in Litigation, N.Y.L.J. (Nov. 27, 2000); Valuing Contaminated Property in a Condemnation Proceeding, PRAC. R.E. LAW. (Jul. 2001); What’s It Worth - Who Wants to Know? - The Valuation of Real Property in Litigation, PROB. & PROP. (Jan. 2002), Bulldozers at your Doorstep, PROB. & PROP. (Mar. 2003); Valuing Urban Property in Condemnations, PRAC. R.E. LAW. (Sep. 2003); Columnist, Condemnation and Tax Certiorari, N.Y. L.J.

Mark D. Savin, Minneapolis, Minnesota Faegre & Benson LLP A.B., Kenyon College; M.A., Ph.D., Stanford University; J.D., University of Minnesota Honors: “Super Lawyer” (Minnesota Law & Politics) Publications Include: CONDEMNATION COMMISSIONERS, A-Z (MILE, 1995);

ENVIRONMENTAL DISPUTE ON EMINENT DOMAIN (MILE, 1993); DISMISSAL FOR FAILURE TO COMPLY WITH DISCOVERY (MILE, 1989)

Benson A. Snaider, New Haven, Connecticut The Law Office of Benson A. Snaider B.A., University of Vermont; LL.B., University of Virginia Honors: Listed in “Best Lawyers in America” (Eminent Domain & Condemnation Law) Government & Public Service: U.S. Army JAG Corps (1962-66); Assistant Attorney

General, State of Connecticut (1966-67); Attorney Trial Referee (Appointed by Chief Justice Peters, 1990-present)

Memberships: Connecticut Trial Lawyers Association; American Trial Lawyers Association

Publications Include: Several treaties on Condemnation Law published in the Connecticut Bar Journal

Joseph P. Suntum, Rockville, Maryland Miller, Miller & Canby, Chartered B.A., J.D., University of Maryland Certified Civil Trial Advocate (National Board of Trial Advocacy) Government and Public Service: Assistant Public Defender, Montgomery County,

Maryland (1983-87); Law Clerk to Hon. Elsbeth Levy Bothe (Cir. Ct. for Baltimore City, Md., 1982-83); Maryland Court of Appeals Character Committee (1992-97)

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Memberships: American Bar Association; Maryland State Bar Association; Montgomery County Bar Association (Secretary, 1995-96; Executive Committee, 1997-99; Long Range Planning Committee, 1995 & 1997; Commercial Litigation Committee, 2000-present ; Managing Partners Committee, 1997-present; Federal Practice Section); Fellow, American Inns of Court; Master, Alan J. Goldstein American Inn of Court (1995-2000; Treasurer, 1997-98; Secretary, 1998-99); Montgomery General Hospital (Board of Directors, 2003-present); Montgomery County Bar Foundation (Board of Directors, 2005-present)

David A. Thomas, Provo, Utah Rex E. Lee Endowed Chair and Professor of Law, J. Reuben Clark Law School, Brigham

Young University B.A., M.L.S., Brigham Young University; J.D., Duke University School of Law Honors: University Teaching Excellence Award (1998); Law School Professor of the

Year (2000 & 2005); Who’s Who in America, Who’s Who in American Law, Who’s Who in Real Estate, Who’s Who in Library and Information Sciences; Awarded two Bronze Stars and Army Commendation Medal for service in Vietnam

Government & Public Service: Law Clerk to the Honorable A. Sherman Christensen (D. Utah, 1972-73); U.S. Army (1969-71)

Memberships: Utah State Bar; Utah County Bar Association; American Bar Association (American Bar Association: Real Property, Probate and Trust Section (Supervisory Council, 2003-09; Committee on Significant Legislation, 1975-2005; Future Trends Subcommittee (Chair, 1989-92); Legislative Council (1996–2000); Committee on Significant Decisions (1979-2004; reporter for Pacific region, 1991-94), chair, 2002–04); Limited Liability Companies Committee (1992–1998); Publications Advisory Board (1997–); Section on Legal Education and Admission to the Bar (1974-); Associate Editor, REAL PROPERTY, PROBATE AND TRUST JOURNAL (2004–); Supervisory Council, Residential, Multi-Family and Special Use Group (2006–)); Bar of the United States Supreme Court; Legal Committee and Past Chairman of Nominating Committee, Utah Heritage Foundation; Utah Real Estate Commission’s Standardized Forms Advisory Panel (1999–)

Recent Legal Publications: THOMPSON ON REAL PROPERTY, THOMAS EDITION (Editor-in-Chief and principal author of complete revision)(Michie Co. (now LexisNexis Publishing), 1994; supplements 1995-); A PRACTICAL GUIDE TO DISPUTES BETWEEN ADJOINING LANDOWNERS–EASEMENTS (Co-Author)(Matthew Bender, 1989–); METHODS AND TECHNIQUES OF CORRIDOR PRESERVATION: A GUIDE FOR UTAH PRACTICE (Co-Author)(Utah Department of Transportation, 1999); THOMAS AND BACKMAN ON UTAH REAL PROPERTY LAW (Co-Author)(LEXIS Law Publishing, 1999 and annual supplements); UTAH CIVIL PRACTICE 2003 (LexisNexis Publishing, 2003); UTAH CIVIL PRACTICE 2004 (LexisNexis Publishing, 2004); UTAH CIVIL PRACTICE 2005 (LexisNexis Publishing, 2005); UTAH CIVIL PRACTICE 2006 (LexisNexis Publishing, 2006); UTAH REAL PROPERTY LAW (Co-Author)(LexisNexis Publishing, 2005); Landowner Disputes

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Arising Out of Public Nuisance (Chapter Author), in A PRACTICAL GUIDE TO DISPUTES BETWEEN ADJOINING LANDOWNERS (Matthew Bender, 2001); MURDER OF THE MORMON PROPHET: POLITICAL PRELUDE TO THE DEATH OF JOSEPH SMITH xii-xvi (Preface author)(Eborn Books, 2006); The Illusory Restraints and Empty Promises of New Property Protection Laws, 28 URB. LAW. 223 (Spring 1996); Instructive Comparisons Between Jewish and Anglo-American Land Law, in JEWISH LAW ASSOCIATION STUDIES VIII: THE JERUSALEM CONFERENCE, Volume 205 (1996); Adverse Possession: Acquiring Title to Stolen Personal Property, 10 PROB. & PROP. 12 (March/April 1996); Accessing U.S. Land Title Records Through the Internet, 4 E LAW, MURDOCH U. ELECTRONIC J. L. (June 1997) and 8 J. L. & INFO. SCI. 200 (1997); Establishing Title to Stolen Artworks in the United States, III INT’L TRADE & BUS. L. ANN. 253 (May 1997); Long-Range Highway Corridor Preservation: Issues, Methods and Model Legislation, 13 BYU J. PUB. L. 1-47 (1998); Anglo-American Land Law: Diverging Developments from a Shared History in REAL PROP. PROB. & TRUST J.: Part I: “The Shared History,” 143-203 (Spring 1999); Part II: “How Anglo-American Land Law Diverged After American Colonization and Independence” (Summer 1999); Part III: British and American Property Law and Practice–A Contemporary Comparison” (Fall 1999); Utah’s Legal Framework for Corridor Preservation Activities (Co-Author), Transportation Research Record 1706, J. TRANSP. RES. BOARD 29-37 (Paper No. 00-0406, 2000); American Legal Education: Moving from the Classroom Without Paper to Instruction Without the Classroom” [revised and expanded], J. INFO. L. & TECH. (February 2001); Fixing Up Fair Housing Laws: Are We Ready for Reform?, 53 S.C. L. REV. 7-61 (Fall 2001); The Law School Rankings Are Harmful Deceptions: A Response to Those Who Praise the Rankings, and Suggestions for a Better Approach to Evaluating Law Schools, 40 HOUSTON L. REV. 419 (Summer 2003); Predicting Law School Academic Performance from LSAT Scores and Undergraduate Grade Point Averages: A Comprehensive Study, 35 ARIZ. ST. L. REV. 1007 (Fall 2003); Restatements Relating to Property: Why Lawyers Don’t Really Care, 38 REAL PROP. PROB. & TR. J. 655 (Winter 2004); Finding More Pieces for the Takings Puzzle: How Correcting History Can Clarify Doctrine, 75 U. COLO. L. REV. 497-547 (Spring 2004); How Educators Can More Effectively Understand and Combat the Plagiarism Epidemic, 2004 B.Y.U. EDUC. AND L. J. 421; Why the Public Plundering of Private Property Rights Is Still a Very Bad Idea, 40 REAL PROP. PROB. & TR. J. 25-71 (Spring 2006)

James L. Thompson, Rockville, Maryland Miller, Miller & Canby, Chartered B.A., Yale University; LL.B., University of Virginia Honors: Peter DiRito Award (Federal Bar Association, 1992) Government and Public Service: U.S. Marine JAG Corps (1966-70) Fellow, American College of Trial Lawyers; Maryland Bar Foundation; Montgomery

County Bar Foundation (President, 1988-89) Memberships: American Bar Association; Maryland State Bar Association (President,

1999-2000; Board of Governors, 1974-74, 1981-82, 1983-85, 1989-91, 1994-96;

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Co-Chair, Commercial Transaction Litigation Section, 1979-80; Chair, Insurance Trust, 1990-93); Montgomery County Bar Association (President, 1987-88; Executive Committee, 1979-80 & 1986-89; Chair, Professionalism Committee, 1992-93); American Inns of Court (Counselor, LXI, 1988-90); Montgomery County Bar Leaders Group (Chair, 1989-90); Institute for Property Taxation (Affiliate Member); Owners’ Counsel of America; Fourth Circuit Judicial Conference; American Bar Foundation; Maryland Public Broadcasting Foundation (Board of Directors, 2001-present)

Publications: Chapter in APPELLATE PRACTICE FOR THE MARYLAND LAWYER: STATE AND FEDERAL (MICPEL, 1994)

SUPPLEMENTAL FACULTY BIOGRAPHY

Amy Brigham Boulris, Miami, Florida Brigham Moore LLP B.A., Wheaton College; J.D., University of Miami Honors: Florida’s Legal Elite (FLORIDA TREND MAGAZINE, 2004, 2005); “Top Lawyer”

(SOUTH FLORIDA LEGAL GUIDE, 2006) Memberships: Florida Bar Association; Westminster Christian School Foundation

(President) Publications Include: When Property Owners Should Say ‘Enough is Enough’, FL. R.

EST. J. (Sept. 2004); Distinctions Between Florida and Federal Practice (Co-author), FLORIDA EMINENT DOMAIN PRACTICE AND PROCEDURE (6th Ed., 2003)

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