Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)
Identifying Fixtures! The Fascinating Intersection Between Appraisal, Relocation, Law and…a Smoking Monkey??

Identifying Fixtures! The Fascinating Intersection Between Appraisal, Relocation, Law and…a Smoking Monkey??

May 17, 2022

Appraiser Bob Grace joins Infrastructure Junkies! to discuss the wild and wonderful world of fixtures in the right of way field.  The appraiser's first encounter with items in the acquisition inspection will set the stage for how certain "things" are handled throughout the eminent domain process.  Are they realty or are they personal property? And what is a "trade fixture"? Get that determination wrong, and bad things can happen. Tune in!

Show Me the Money! The Infrastructure Investment and Jobs Act!

Show Me the Money! The Infrastructure Investment and Jobs Act!

May 3, 2022

For the first time ever, The Eminent Domain Podcast and Infrastructure Junkies! team up for a JOINT EPISODE which examines the nuts and bolts of IIJA.  We focus on how and when it will affect our industry, where the funding is going--and where it's not.  Attorney Jeremy Young has studied the landmark legislation and provides your hosts a wonderful and fascinating overview of what is to come.

Indian Property Rights and Right of Way Projects!

Indian Property Rights and Right of Way Projects!

April 19, 2022

Indian property rights scholar Bethany Berger, a professor at the University of Connecticut School of Law, joins Infrastructure Junkies! to explain the intersection between Indian rights and right of way projects and infrastructure development in the United States.  She discusses the derivation of Indian property interests, how Indian reservations were established, the laws that govern Indian property rights, the source of those laws, and the effects of burial grounds and Indian artifacts on a project.

For more information on this topic, the regulation on rights of way over trust and restricted lands on reservations can be found at 25 CFR 169 (there are some older statutes that apply to reservations generally), and the best resource to find out more about Indian property rights is Cohen’s Handbook on Federal Indian Law, which is available on Lexis (but not Westlaw).  Ch.15, section 15.09[4] is all about rights of way, and Ch.20 section 20.02[3] is all about the National Historic Preservation Act. 

Special thanks to our sponsor, Blackbird Right of Way, a full service, DBE certified right of way company, for making this episode possible.

Oil and Gas, Pipelines and Fossil Fuel.  Where Is All This Headed?

Oil and Gas, Pipelines and Fossil Fuel. Where Is All This Headed?

April 5, 2022

Tom Forestier, a partner with Winstead, PC, has represented some of the largest companies in the oil and gas industry for his entire career.  Tom joins Infrastructure Junkies! to discuss how the oil and gas industry has lost public support, the disfavor of fossil fuels, and the difficulty of building pipelines in this new era.  And did someone mention bourbon?  Yes, please!

Maximizing Business Relocation Benefits:  Sweep the Leg, Johnny!!

Maximizing Business Relocation Benefits: Sweep the Leg, Johnny!!

March 22, 2022

Your hosts explore application of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, to businesses impacted by a right of way or eminent domain project.  Martyn Daniel, an eminent domain and business relocation consultant and Brandee Caswell, an attorney who assists large companies with complex relocations, offer their perspectives on application of the URA to this complex and sometimes imperfect process.  Find out the role of the Karate Kid in relocations, and whose alter ego is Daniel Larusso, Johhny Lawrence, Mr. Miyagi and Ali with an "i"!

 

This episode is generously sponsored by Blackbird Right of Way LLC.

Tales From Landowner Super Lawyers:  You Can’t Handle the Truth!!

Tales From Landowner Super Lawyers: You Can’t Handle the Truth!!

March 8, 2022

Two of the best and most successful property rights (landowner) eminent domain attorneys in the United States, Andrew Prince Brigham (Jacksonville) and Christian Torgrimson (Atlanta), join Infrastructure Junkies! to share their perspectives from the other side.  Along the way, they discuss what attracted them to defending landowners, their perspective on the ongoing debate of whether eminent domain is good or evil, as well as jury trial strategies.  Learn what they view as unfair practices by condemning authorities and which agencies are more difficult than others.  They identify bad condemning authority practices and behaviors and best of all, appraisers and appraisal tactics which they are able to exploit at trial.  As would be expected, each guest handily survives "Cross Examination with Dave"!

This episode was recorded on location at the Eminent Domain and Land Value Litigation Conference in Scottsdale, Arizona.  Infrastructure Junkies! would like to thank Amy Weinberg at ALI-CLE for providing our team the space to record at the conference.

Infrastructure Junkies! would also like to thank Pender & Coward's Eminent Domain / Right of Way Practice Group for its generosity in sponsoring this episode.

Infrastructure Junkies Roundtable — 3D!!!!

Infrastructure Junkies Roundtable — 3D!!!!

February 22, 2022

Infrastructure Junkies! kicks off Season 3 with a blockbuster roundtable with special guests Lisa Harrison and Marcus Boyd. Tune in to consider hardline negotiations in right of way, silver linings in relocation benefits, the need for diversity in the right of way industry and whether the infrastructure industry is really ready to "go green". Along the way your hosts and guests consider the benefits of being a vegetarian, reality TV guilty pleasures, the need to read, and Texas Tech basketball, baby!  This episode was generously sponsored and made possible by Pinnacle Consulting Management Group.  Thank you, Pinnacle!

Thanksgiving ‘21 Intermezzo: In Search of the Next Generation of Infrastructure Junkies!

Thanksgiving ‘21 Intermezzo: In Search of the Next Generation of Infrastructure Junkies!

November 23, 2021

Patrick McCallister joins the IJs to discuss his education outreach to recruit the next generation of Infrastructure Junkies as well as his new Eminent Domain and Right of Way Clubhouse.  "Tish" from Boots, Bibles and Scrapbookin'! Podcast breaks into the studio and takes the interview into her own hands.  Hilarity ensues.

Cemeteries, Human Remains and Property Rights: Everything You Need to Know!

Cemeteries, Human Remains and Property Rights: Everything You Need to Know!

November 9, 2021

Professor Tanya D. Marsh from Wake Forest University School of Law teaches the only law school course on cemetery and funeral law in the United States.  She joins the Infrastructure Junkies to educate us all on what to do if human remains lie in the path of a right of way project.  How can graves be condemned through eminent domain? Does a corpse have the right to just compensation?  And what even are "human remains" that trigger special treatment?  Find out here!

 

 

 

 

Infrastructure Marvel:  The Brooklyn Bridge, Part Two

Infrastructure Marvel: The Brooklyn Bridge, Part Two

October 26, 2021

Professor Greg Jackson returns to finish the gripping story of how the Brooklyn Bridge was designed and constructed.  This American infrastructure marvel represented the greatest right of way feat of its time and set the standard for bridge engineering going forward.

Infrastructure Marvel:  The Brooklyn Bridge!

Infrastructure Marvel: The Brooklyn Bridge!

October 12, 2021

Check out the wondrous story of the greatest American infrastructure achievement of the 19th Century:  the Brooklyn Bridge.  Professor Greg Jackson of the wildly popular History That Doesn't Suck podcast joins the Infrastructure Junkies! to bring the story of our nation's greatest infrastructure marvel to life.  Listen to how the brilliant John Roebling identified the pressing need to connect Brooklyn with Manhattan in the mid 1800's and then conceived the engineering technique to accomplish this vision. A road supported by string?  Not quite, but this marvel still provides safe passage to over 100,000 people every day nearly a century and a half after completion.

Public Relations for ”Hot” Infrastructure Projects!!

Public Relations for ”Hot” Infrastructure Projects!!

September 28, 2021

Do you have a "hot" infrastructure project with heavy media scrutiny? Has the use of eminent domain become controversial...or has the landowner utilized the media or politicians to weaponize its case?  Are some impacted property owners a hotter potato than others?  Join Infrastructure Junkies' fascinating interview of PR expert Brian Daskam, who guides your hosts through the minefield of controversial projects.  And bonus!  Get Brian's hot take on 90's music and....coffee?  Oh, and a spirited round of "Cross Examination with Dave!"

Eminent Domain Makes GREAT Wine!!

Eminent Domain Makes GREAT Wine!!

September 14, 2021

Yes, you heard it right.  Almost 20 years ago, Jeff Meader suffered a very unfortunate and stressful experience involving eminent domain.  But this savvy entrepreneur took the proceeds from that painful process and turned his nightmare into a dream come true for himself and his family...and the Eminent Domaine Winery was born.  If you are interested in the human aspect of the right of way process, this episode is for you.  If you love wine or are interested in the nuances of how it is created, this episode is for you. If you just love a feel good human interest story, this episode is for you.  Join us!

 

Jeff Meader

 

Infrastructure Junkies Roundtable, Part Deux!!!

Infrastructure Junkies Roundtable, Part Deux!!!

August 31, 2021

Cyndi "Julie" Whelpley and Koby "Seth" Godwin join your hosts, Kristen "Courtney" Bennett and Dave "Chad Harwicke" Arnold for the next exciting right of way / eminent domain roundtable! (Why exactly do they all have "bar names"?)  Topics in this exciting episode include property rights on Indian reservations, the importance of title reports, muli-generational workforces and return to the office and how to find the next generation of Infrastructure Junkies. Oh, but that's not all!  Listen to everyone's most terrifying near death experiences, past regrets, the fallacy of The Notebook....and you won't believe Koby Godwin's past profession!  You'll laugh, you'll cry and you'll vow to never set foot on another escalator for as long as you live. Tune in!!

Eminent Domain Appraisals:  REVENGE OF THE APPRAISERS!!!

Eminent Domain Appraisals: REVENGE OF THE APPRAISERS!!!

August 17, 2021

Is eminent domain appraisal methodology nothing more than "chicken sacrificing voodoo"?  Do appraisers really use an Ouija board to determine values in complex appraisals?  (Yes.)  And must appraisers keep their Ouija boards in their work files??? (No.) Superhero appraisers David Burgoyne, Brian O'Neill and Christina Thoreson take over the Pendulum Land Podcast to set the record straight, and Ross Greene valiantly defends his statements from a controversial prior episode. 

In this riveting episode exclusively sponsored by National Right of Way Review Appraisal, find out whether appraisers are beholden to those paying their fees, whether the various appraisal methodologies can be manipulated, and ARE THEY??  But even more importantly, since this is "REVENGE OF THE APPRAISERS", what is the best revenge movie of all time? And how did David Burgoyne and Brian O'Neill fare during "Cross Examination With Dave"? Finally, tune for David's reverse movie and music quiz for your hosts!

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