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Eminent Domain, 06/16/2023, On Demand More info »
Live Event

Eminent Domain


CLE Hours: 6 including 6 General, 0 Ethics, 1 Professionalism, 3 Trial Practice

Location:
State Bar of Georgia - Atlanta, Georgia

Dates


Description

 

  • Speakers, session times and credit hours are subject to change.
  • Ethics | Professionalism | Trial Practice

 

 

  • PRESIDING:
  • Thomas H. “Harry” Camp, Program Chair; The Camp Firm, LLC, Newnan, GA
  • 8:30
  • INTRODUCTION
  • Julia Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA

  • 8:35
  • WELCOME AND PROGRAM OVERVIEW
  • Angela D. Robinson, Parker Poe Attorneys and Counselors at Law, Atlanta, GA

  • 8:40
  • ANNUAL EMINENT DOMAIN CASE LAW UPDATE
  • Ashlynn Hutton, Parker Poe Attorneys and Counselors at Law, Atlanta, GA

  • 9:10
  • IMPACT OF NEW ‘PETITION FOR REVIEW’ STATUTE ON CONDEMNATION LITIGATION Trial Practice CLE Hour
  • Ivy Cadle, Baker Donelson Bearman Caldwell & Berkowitz PC, Macon, GA
  • Thomas H. “Harry” Camp
  • William Diehl, Thompson, O’Brien, Kappler & Nasuti, PC, Peachtree Corners, GA
  • R. Matthew Reeves, Andersen, Tate & Carr, PC, Duluth, GA
  • Tuwanda Rush Williams, Thompson, O’Brien, Kappler & Nasuti, PC, Peachtree Corners, GA

  • 10:10
  • BREAK

  • 10:20
  • LAWYERING BEFORE CONDEMNATION: SPECIAL STIPULATIONS TO GDOT’S FORM ‘OPTION FOR RIGHT OF WAY,’ ADMINISTRATIVE REVIEW OF FMV, AND OTHER OUT-OF-COURT (AND OUT-OF-THIS-WORLD ) RESOLUTIONS
  • J. Scott Jacobson, Holt Ney Zatcoff & Wasserman LLP, Atlanta, GA

  • 11:05
    EXAMINATION OF EXPERTS AT TRIAL: LESSONS SOMETIMES PAINFULLY LEARNED Trial Practice CLE Hour
    Nicholas S. Papleacos, Chamberlain Hrdlicka White Williams & Aughtry, Atlanta, GA

  • 12:05
  • LUNCH

  • 12:30
  • CHARLES N. PURSLEY AWARD PRESENTATION
  • Annual Section Meeting, Election 2023–24 Officers

  • 12:50
  • MEDIATION AND SECURED LENDERS IN CONDEMNATION
  • Ivy Cadle

  • 1:35
  • HOW TO OBTAIN RELOCATION BENEFITS THROUGH EMINENT DOMAIN AND THE UNIFORM ACT Trial Practice CLE Hour
  • Martyn Daniel, Martyn Daniel, LLC, Bothell, WA

  • 2:35
  • BREAK

  • 2:50
  • PROFESSIONALISM Professionalism CLE Hour
  • Karlise Y. Grier, Chief Justice’s Commission on Professionalism, Atlanta, GA

  • 3:50
  • ADJOURN

 

Handouts

Speaker

Mr. Thomas Henry Camp's Profile

Mr. Thomas Henry Camp Related Seminars and Products

The Camp Firm, LLC


Thomas H. “Harry” Camp founded The Camp Firm LLC in 2018 to empower property owners and help protect and advance their rights through the legal process. In this area of property rights law, Harry handles eminent domain cases, matters related to condemnation or takings, and other property disputes. Clients include businesses, landowners, homeowners, and tenants. Harry enjoys working directly with each client to develop creative, tailored strategies to obtain compensation for, or remediation of, all the damages at issue in the case.

 

A native of Newnan, Georgia, Harry grew up on a family farm targeted by several for-profit companies exercising the state’s power of eminent domain. These personal experiences fostered Harry’s passion for legal issues related to the land and, in particular, those related to the ability of the government to take private property for public use. His keen interest in the subject first led him to work in Washington, D.C., on related policy issues and then to build a law practice centered on the defense of landowners against government takings.

 

Although primarily focused on property rights issues, Harry also has significant experience in general commercial litigation and probate matters.

 

Education

University of Virginia School of Law, Charlottesville, Virginia

Juris Doctor – 2009

Dartmouth College, Hanover, New Hampshire

Bachelor of Arts – 2004

 

Professional Associations

State Bar of Georgia

  • Eminent Domain Section, Chair, 2022 – 2023
  • Young Lawyers Division Leadership Academy, 2012

Newnan-Coweta Bar Association, President, 2022


Past Employment

Arnall Golden Gregory, Associate, 2010 – 2013

Hon. C. Ashley Royal, Federal District Court, Middle District of Georgia, 

Law Clerk, 2009 – 2010

United States Department of Justice, Civil Rights Section of the Criminal 

Division, Washington, DC, Intern, 2007

Hon. Anne Barnes, then Chief Judge, Georgia Court of Appeals, Summer Law 

Clerk, 2008

Hon. Mike Crapo, United States Senator, Congressional Correspondent, 2006

U.S. News and World Report, Fellow and Research Assistant, 2004 – 2005


Mr. Robert Matthew Reeves's Profile

Mr. Robert Matthew Reeves Related Seminars and Products

Andersen Tate & Carr PC


Matt Reeves is a partner at Andersen, Tate & Carr in Gwinnett County and has experience representing property owners and business owners in condemnation matters. Matt is a former President of the Gwinnett County Bar Association and graduated from UGA School of Law and Mercer University. He represents Suwanee, Sugar Hill & Duluth in the Georgia House of Representatives. 

 



Mr. Joseph Scott Jacobson's Profile

Mr. Joseph Scott Jacobson Related Seminars and Products

Holt Ney Zatcoff & Wasserman LLP


 

J. Scott Jacobson

Holt Ney Zatcoff & Wasserman, LLP

100 Galleria Parkway, Suite 1800

Atlanta, Georgia 30339-5960

(770) 956-9600 (ext. 206)

e-mail sjacobson@hnzw.com

 

June, 2023

 

 

            Mr. Jacobson is a partner and founding member of the law firm of Holt Ney Zatcoff & Wasserman, LLP.  He is a trial lawyer, and his practice primarily involves civil business disputes. 

 

            Mr. Jacobson was born in Atlanta, Georgia in 1955.  He attended the University of North Carolina at Chapel Hill, where he graduated, Phi Beta Kappa, with a bachelor of arts degree in 1977.  He then attended law school at the University of California at Berkeley, where he obtained a J.D. law degree in 1980.  He was admitted to the Bar of Georgia in 1980 and practiced with the law firm of Alston & Bird (formerly known as Alston, Miller & Gaines) until January, 1984, when he and seven other lawyers founded Holt Ney Zatcoff & Wasserman.

 

            Mr. Jacobson and his firm represent individuals, corporations, partnerships, companies and other organizations in a wide variety of commercial matters.  Mr. Jacobson has handled litigation matters in most of the magistrate, state and superior courts in the Atlanta metropolitan area, and in the United States District and Bankruptcy Courts in Georgia, Alabama, Colorado, Florida, Illinois, New York, North Carolina, Ohio, South Carolina, Tennessee and Virginia.  He has handled appeals in the Georgia Court of Appeals, the Georgia Supreme Court, and the Fourth, Fifth and Eleventh Circuit Courts of Appeal of the United States, and is admitted to practice in the United States Supreme Court.  He also has handled a wide variety of arbitrated cases and cases resolved through other dispute resolution methods, including special master proceedings.  Mr. Jacobson has served as a special master in several condemnation cases. 

 

            Mr. Jacobson is a member of the Georgia and Atlanta Bar Associations.  He is a founding member and served as Chair (2005-2006) of the Eminent Domain Section of the Georgia Bar Association and served as Chair (2002-2003) of the Litigation Section of the Atlanta Bar Association.  As a younger lawyer, he served as Chair (1982-1985) of the Legislative Affairs Committee of the Younger Lawyers Section of the State Bar of Georgia.  He was a Special Assistant Attorney General for the State of Georgia from 1982 through 1984, serving as outside counsel for the Georgia Department of Transportation in condemnation matters.  He was a contributing author of the Georgia Appellate Practice Handbook (1985), and served as an editor of The Atlanta Lawyer (1985-1991).  He has served on the faculty or as Chair of fourteen continuing legal education panels and delivered papers and presentations on topics in condemnation, bankruptcy, land use and real estate law and litigation to organizations and groups in the southeastern United States.  Mr. Jacobson was named a 2018 Lawyer of the Year in Eminent Domain and Condemnation Law by Best Lawyers In America®, and he received the same recognition in 2023. 

 

 

 

 

Scott Jacobson’s Practice Areas

 

(listed alphabetically)

 

 

            Administrative and Regulatory Proceedings

 

            Appeals (state and federal courts)

 

            Bankruptcy litigation (commercial)

 

            Cell tower litigation

 

            Condemnation/Eminent Domain (governmental takings of property)

 

            Corporation and company governance and ownership disputes

 

            Dispute Resolution (e.g., arbitration and mediation)

 

            Employment contract negotiations and disputes

 

            Environmental disputes

 

            Inverse condemnation

 

            Landlord/Tenant (commercial)

 

            Lease negotiations and disputes (commercial)

 

            Loan collection and disputes (commercial)

 

            Partnership negotiations and disputes

 

            Property Tax appeals

 

            Real Estate disputes

 

            Realtor commission disputes

 

            Zoning and other land use disputes (e.g., permits)

 

 

Scott Jacobson's Reported Cases

 

Georgia

 

Ansley Walk Condominium Assoc. v. Atlanta Dev. Authority

362 Ga. App. 191, 867 S.E.2d 600 (2021)

 

Atlanta Dev. Authority d/b/a Invest Atlanta v. Ansley Walk Condominium Assoc.,

350 Ga. App. 584, 829 S.E.2d 858 (2019)

 

Hampton Island, LLC v. Asset Holding Company 5, LLC, 320 Ga. App. 880, 740 S.E.2d 859 (2013)

 

John Wieland Homes and Neighborhoods, Inc. v. Worley, 290 Ga. 234, 719 S.E.2d 430 (2011)

 

City of Stockbridge v. Meeks, 283 Ga. App. 343, 641 S.E.2d 584 (2007)

 

jOjA Partners, LLC v. Abrams Properties, Inc., 262 Ga. App. 209, 585 S.E.2d 168, cert. denied, 262 Ga. App. 906 (2003)

 

Interfinancial Properties, Inc. v. Mary T. Cristal Trust, 254 Ga. App. 406, 562 S.E.2d 757, cert. denied, 254 Ga. App. 908 (2002)

 

Perimeter Realty v. GAPI, Inc., 243 Ga. App. 584, 533 S.E.2d 136, cert. denied, 243 Ga. App. 905 (2000)

 

Department of Transportation v. Wallace Enterprises, Inc., 234 Ga. App. 1, 505 S.E.2d 549, cert. denied, 234 Ga. App. 903 (1998)

 

 

Safety Kleen Corporation v. Smith, 203 Ga. App. 514, 417 S.E.2d 171, cert. denied, 203 Ga. App. 907 (1992)

 

Logan Paving Co. v. Peoples Bank & Trust, 196 Ga. App. 42, 395 S.E.2d 287 (1990)

 

Department of Transportation v. Katz, 169 Ga. App. 310, 312 S.E.2d 635 (1983)

 

Cotton States Mutual Ins. Co. v. Citizens and Southern National Bank, 168 Ga. App. 83, 308 S.E.2d 199 (1983)

 

Sawyer v. Citizens and Southern National Bank, 164 Ga. App. 177, 296 S.E.2d 134 (1982)

 

Perimeter Mall, Inc. v. Retail Sense, Inc., 162 Ga. App. 465, 291 S.E.2d 392 (1982)

 

Georgia Power Co. v. Busbin, 249 Ga. 180, 289 S.E.2d 514 (1982)

 

Baugh v. Citizens and Southern National Bank, 248 Ga. 180, 281 S.E.2d 531 (1981)

 

 

J. Scott Jacobson’s Reported Cases

Page 2

 

 

Federal

 

In re Transcontinental Gas Pipeline Company, LLC, 2016 Westlaw 8861714 (N.D.Ga Nov. 10, 2016)

 

SAS-Moran Lake, Inc. v. Roswell Holdings Mortgage, LLC, 2012 Westlaw 4511339

(Bankr. N.D.Ga. 2012)

 

SprintCom, Inc. v. City of Cumming, Georgia, 1998 U.S. Dist. LEXIS 18523 (N.D.Ga. September 21, 1998)

 

Kuruyo Trading, Ltd. v. Georgia Fabric Co., 17 F.3d 1439 (11th Cir. 1994)

 

Integon Life Ins. Co. v. Browning, 989 F.2d 1143 (11th Cir. 1993)

 

Club Associates v. Consolidated Capital Realty Investors (In re Club Associates), 951 F.2d 1223 (11th Cir. 1992)

 

Home Ins. Co. v. Thomas Industries, 896 F.2d 1352 (11th Cir. 1990)

 

In Re Club Associates, 107 Bankr. 794 (Bankr. N.D.Ga. 1989)

 

In Re Club Associates, 107 Bankr. 385 (Bankr. N.D.Ga. 1989)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

- 2 -

 


Ms. Ruth Keister Snell's Profile

Ms. Ruth Keister Snell Related Seminars and Products

Power Snell PC


Ruthie K. Snell is a Partner at Power Snell, PC, a law firm specializing in eminent domain law with offices in Atlanta, Macon and McDonough. Ruthie has practiced almost exclusively in eminent domain since she began practicing law in 2015. She is appointed a Special Assistant Attorney General for the State of Georgia and represents the Georgia Department of Transportation in that capacity across the state. Ruthie also represents Henry County in condemnation litigation as well as multiple other local government agencies. Ruthie also has experience representing property owners in condemnation actions.

 

Ruthie received her undergraduate degrees in Political Science and Convergence Journalism from Southern Methodist University in Dallas, Texas in 2010. Ruthie received her Juris Doctor from Georgia State University in 2014.


Mr. Nicholas S. Papleacos's Profile

Mr. Nicholas S. Papleacos Related Seminars and Products

Chamberlain Hrdlicka White Williams & Aughtry


Martyn Daniel's Profile

Martyn Daniel Related Seminars and Products

Martyn Daniel LLC


Relocation Services

For 25 years, Martyn Daniel has provided business relocation planning services to several hundred displaced persons, including industrial, commercial, non-profit, mom-and-pop operations, and homeowners, while following the Federal Uniform Act.  Individual relocation costs have ranged from a few thousand dollars to $35 million.  His expert knowledge of methods for distinguishing trade fixtures (personal property) from permanent fixtures (real property) has added nearly $8M in additional relocation reimbursements for a single client.  He has supported this work in claims, negotiations, appeal hearings, mediations, and trials.

 

Cost to Cure and Replacement Cost Estimates

For nearly 40 years, Martyn Daniel has prepared construction preliminary designs and cost estimates. The recent 25 years have focused on developing designs and cost-to-cure estimates for partial takings of real property.  Those estimates have been as high as $1 million for right-of-way work and $1.2 billion for the current value of real property improvements. This work is typically related to eminent domain and other real property valuation needs.  He has supported this work in claims, negotiations, mediations, arbitrations, and trials.

 

Why it Works

Martyn’s education in architecture and business, along with IRWA courses and CLE seminars related to the Uniform Act, coupled with his previous history in design/construction work of nearly 20 years as a commercial general contractor has led to his ability to provide easy-to-visualize schematic designs and exhibits along with detailed construction cost estimates for purposes of relocation, acquisition, cost-to-cure, replacement value.


Ms. Karlise Yvette Grier Related Seminars and Products

Executive Director

Chief Justice's Commission on Professionalism


Ms. Tuwanda Rush Williams Related Seminars and Products

Thompson O'Brien Kappler & Nasuti, PC


Tuwanda Rush Williams - attorney at Thompson, O’Brien, Kappler & Nasuti, PC.  Formerly she was the Deputy County Attorney in the Gwinnett County Department of Law, where she supervised and managed the work of five attorneys who handle both transactional and litigation matters for the Gwinnett County Departments of Community Services, Corrections, Financial Services, Fire, Planning & Development, Police, Sheriff, Support Services, Transportation, and Water Resources.  Her team also provided advice and counsel to the Judicial System, Administrative Office of the Courts, Clerk of Court, District Attorney’s Office, Solicitor’s Office, and Tax Commissioner.  Previously, Tuwanda served as a Senior Assistant County Attorney, and her transactional practice included drafting county ordinances, resolutions, and legal opinions, drafting, reviewing, and approving contracts, and providing day-to-day advice and counsel to the Gwinnett County Departments of Police, Corrections, Sheriff, Fire and Emergency Services, Human Resources, and Information Technology Services.  She also provided legal guidance to the Purchasing and Risk Divisions of the Department of Financial Services and the Animal Welfare & Enforcement Division of the Department of Community Services.  Her litigation experience is expansive, and most recently concentrated in section 1983 civil rights and constitutional law, state law claims of assault, battery, unlawful arrest, false imprisonment, and malicious prosecution, public procurement and contract disputes, personal injury, and property damage.  She served as President of the Gwinnett County Bar Association, graduated from SUNY Buffalo School of Law, Syracuse University and formerly practiced at the City of Atlanta Law Department. 

 


Mr. William John Diehl II Related Seminars and Products

Smith Gambrell & Russell


William “Bill” Diehl - attorney at Thompson, O’Brien, Kappler & Nasuti, PC. His practice focuses on local government particularly in litigation matters including eminent domain, zoning litigation, and various other constitutional challenges. Prior to his work at Thompson O’Brien, he was a law clerk in the Middle District of Georgia Bankruptcy Court.  He is a graduate of Georgia State University Law School.

 


Mr. Ivy Neal Cadle's Profile

Mr. Ivy Neal Cadle Related Seminars and Products

Baker Donelson Bearman Caldwell & Berkowitz PC


In his law practice, Ivy advocates for property and real estate owners and helps them find solutions to complicated problems. From the outset, his approach is guided by his extensive jury trial experience. As a licensed certified public accountant, he also understands his clients' financial metrics and the risks to their property. Ivy takes ownership of his clients' legal concerns and counsels them with the heart of a teacher. By taking ownership of their legal risk, Ivy allows his clients to get back to their core business sooner so they can do what they do best.

 

Ivy has established himself as a leading "dirt lawyer" – routinely handling real estate and property litigation, including eminent domain, land use and zoning issues, and conservation easements – across Georgia, with a focus on the Atlanta-metro, its outlying towns, including Marietta, Alpharetta, Lawrenceville, McDonough, Douglasville, Cumming, and other metropolitan areas like Macon, Savannah, Columbus, and Augusta, Georgia. Ivy is a skilled problem solver who strives to provide business solutions to clients at every stage of a dispute from risk assessment through appeal. Having managed hundreds of cases through the litigation life cycle, he capably handles early resolution and dismissal of actions, complex motions practice, and trial in state and federal courts. Ivy brings his litigation experience to the table when he negotiates and implements real estate solutions concerning land use plans, real property appraisals, business valuations and conservation easements.

 

Ivy represents companies of all sizes in complex business litigation and counsels them on regulatory compliance and data security, across a broad range of industries – including real estate, health care, financial services, and telecommunications. His clients include oil and gas interests, fast food franchisors and franchisees, hotel investors, private medical practices, hospitals, insurance companies, cellular service providers, banks, mortgage servicers, commercial, shopping center and office developers, national drugstore chains, residential real estate developers, convenience store chains and a variety of individually owned enterprises, and business operations.

 

Ivy is a mediator and registered neutral with the Georgia Commission on Dispute Resolution. His extensive involvement in the State Bar of Georgia and the Mercer alumni networks gives him access to contacts in courthouses statewide. Outside of the office, Ivy serves as an adjunct professor of law at the Mercer University School of Law where he teaches Accounting for Lawyers. He is also an aviation enthusiast, and he currently holds a multi-engine commercial certificate with an instrument rating.


Location

State Bar of Georgia

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104 Marietta St. NW, 3rd Floor, Atlanta, Georgia 30303, United States
(404) 527-8700
www.gabar.org

Important Information

Please be advised that your credit will not be reported to the State Bar of Georgia CLE Regulation Department until after you have completed the steps necessary to earn credit for that program. 

Self reporting is required for all other jurisdictions.

The information presented is solely for educational purposes. The opinions expressed by the faculty in their materials and presentations are their own and do not necessarily reflect the opinions of the State Bar of Georgia, its officers, directors and/or employees. The faculty is not engaged in rendering legal or other professional advice and these presentations and publications are not a substitute for the advice of an attorney. All publications and presentations were created to serve the continuing legal education needs of practicing attorneys.

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