Category Archives: Seminars

2025 Oregon Eminent Domain Seminar – Temporary Construction Easements and Damages to the Remainder

June 6, 2025 By in Basic Principles, Cases from Other Jurisdictions, Eminent Domain, General, Oregon Case Law, Seminars Tags: , , ,

On June 6, 2025, I was honored to speak at the Oregon Eminent Domain Seminar sponsored by the Seminar Group.  My presentation centered on “Temporary Construction Easements and Damages to the Remainder.” Through an exploration of Oregon jurisprudence and case law from other state and federal courts, I asserted that Oregon law supports the recognition of severance damages for partial, temporary takings.  More specifically, I argued as follows:

  • When a condemnor takes a temporary construction easement across part of a property, it takes more than the express area of the easement: the taking potentially deprives the owner or hypothetical purchaser of the ability to use and develop the property at its highest and best use for the duration of the temporary construction easement.
  • Because Oregon law requires the condemnor to provide just compensation for all takings and damages to the remainder according to the fair market value of property at its highest and best use, the condemnor must compensate the owner for damages to the remainder stemming not only from permanent takings, but also those from temporary construction easements.

The complete paper underlying my presentation can be found here.

I have attended this seminar since 2011 and now presented at it several times.  It is always well organized, well attended, and valuable for lawyers, appraisers, and right of way professionals.  Looking forward to many more to come.

2019 Oregon Eminent Domain Seminar

April 22, 2019 By in Eminent Domain, Federal Case Law, General, Inverse Condemnation, Oregon Case Law, Seminars Tags: , , ,

On June 6 & 7, 2019, The Seminar Group will present its Oregon Eminent Domain Seminar.  The seminar will include an overview of and update on Oregon and federal eminent domain and land valuation litigation, with an emphasis on special appraisal problems in eminent domain cases and recent relevant court decisions.  More information on the seminar can be found here.

I am honored to have been invited to speak along with David E. Balfour, MAI, of R.P. Herman & Associates, LLC, on the “three unities” necessary to form a “larger parcel.”  Our discussion will include: (1) pre-and post-offer planning and procedural issues, valuation impacts, and evidentiary questions; (2) seminal and recent case law; and (3) application of the three unities of physical contiguity, unity of ownership, and unity of use to particular scenarios.  We will also discuss how certain larger parcel issues played out in Tri-County Metropolitan Transportation District v. Walnut Hill, LLC, 292 Or App 417 (2018), which is a case my team and I successfully tried and defended on appeal.

I have attended this seminar since 2011 and presented once before.  It is always well organized, well attended, and valuable for lawyers, appraisers and right of way professionals.  Looking forward to another great seminar.

Thank you to the Appraisal Institute – Greater Oregon Chapter

January 24, 2017 By in Eminent Domain, Oregon Case Law, Seminars Tags: , , , , ,

A big thanks to the Appraisal Institute – Greater Oregon Chapter for hosting the January 20, 2017 seminar entitled “Preparing Appraisals for Condemnation Assignments, and How to Improve Skills as an Expert Witness.”  I was honored to present the day-long seminar alongside Don Palmer, MAI, of Appraisal & Consulting Group LLC.  Don is one of the deans of condemnation appraisers in Oregon and the Pacific Northwest, and a true gentleman.  We had a great turnout, a wealth of questions and comments, and much positive feedback.  I look forward to future opportunities to work with this great group of appraisers.  Finally, a special thank you to Vicki Champ, the Chapter’s executive director.  Vicki is a pleasure to work with and a true professional.