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Property II Professor Donald J. Kochan

Property II Professor Donald J. Kochan. Spring 2009 Class 51 6 April 2009. Today’s Issues and Materials. Eminent Domain, Public Use, and Takings Pages 941-980 (cont.) Powers and Rationales Ends or Means Test Kelo v. City of New London City of Oakland v. Oakland Raiders

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Property II Professor Donald J. Kochan

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  1. Property IIProfessor Donald J. Kochan Spring 2009 Class 51 6 April 2009

  2. Today’s Issues and Materials • Eminent Domain, Public Use, and Takings • Pages 941-980 (cont.) • Powers and Rationales • Ends or Means Test • Kelo v. City of New London • City of Oakland v. Oakland Raiders • Kochan reading (cont.) on public use • Just Compensation Issues • Oral Arguments in Kelo and Midkiff

  3. Just Compensation Issues • Fair Market Value (“FMV”) Issues • Willing Buyer/Willing Seller Valuation Test • Problems with Valuation of Mineral Resources • Present v. Future Value Issues • Appraisal Issues; Process • Subjective Values – Should they be compensable or only use objective standards? • Method, Procedural Means, and Timing of Compensation

  4. Pedagogical Reasons for Listening to Oral Arguments • A glimpse into the Supreme Court of the United States and its Justices – www.supremecourtus.gov • See what preceded the decisions you have read • Analyze how the arguments involved in those cases were presented and analyzed • Examine the audio for purposes of learning oral advocacy skills (you can learn from the good and the bad on these tapes); analyze how the attorneys respond to questions and see how to do it well and what not to do • Professor Kochan will provide analysis during those arguments played in class, on substance and advocacy and lawyering skills, including a discussion of pre-argument briefing • How often do oral arguments matter?

  5. The Courtroom of the Supreme Court Building, where the Court has sat since 1935.

  6. Kelo and Midkiff Oral Arguments (Optional) Kelo (to be played in class – optional attendance) http://www.oyez.org/cases/2000-2009/2004/2004_04_108/argument/ Midkiff (to be played in class – optional attendance) http://www.oyez.org/cases/1980-1989/1983/1983_83_141/argument/

  7. Concluding Remarks • Remember the steps: • Decide if property was taken • Decide if it was taken for a public use • Decide, if taken for a public use, whether just compensation was paid • Then decide whether there is anything left to be resolved

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