Jennifer 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

Jeff 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/

In 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/