Leveraging Neutral Experts in Condemnation: Improving Fairness, Cost Efficiency, and Judicial Clarity
Condemnation Summit XXXIII | Arizona Biltmore | May 9, 2025
PRESENTED BY:
Sally S. Duncan, Retired Superior Court Judge
Bruce D. Greenberg, FRICS, MAI, SRA, SRA
MODERATED BY:
Benjamin Greenberg
ARTICLES:
Each article is grouped by the slide it corresponds to, making it easy to follow along and dive deeper into specific topics covered in the presentation.
SLIDE 2 - The Role of Government in Condemnation Disputes
Valuation Blunders in the Law of Eminent Domain
- Author: Richard A. Epstein, Notre Dame Law Review
- Publication Date: 2021
- Summary: The article examines key challenges in eminent domain valuation, emphasizing judicial deference, complex considerations in conditional valuation, nuanced interpretations in Penn Central, and integrated approaches involving bundled regulatory actions.
- Link: Valuation Blunders in the Law of Eminent Domain
SLIDE 3 -The Challenge of Expert Bias in Condemnation Cases
What is a Neutral Third Party?
- Author: PON Staff
- Publication Date: February 20, 2025
- Summary: This article discusses the role of a neutral third party in alternative dispute resolution methods, such as mediation and arbitration, and how they can assist parties in reaching agreements.
- Link: What is a Neutral Third Party?
SLIDE 4 - How Attorneys Can Leverage Neutral Experts
Arbitration & Dispute Resolution
- Author: National Association of Realtors
- Publication Date: Date not specified
- Summary: This article outlines the advantages of mediation in preserving relationships between parties in real estate disputes. It discusses how mediation allows parties to retain control over the process and reach mutually beneficial decisions.
- Link: Arbitration & Dispute Resolution
SLIDE 5 - The Role of Neutral Experts in Judicial & Mediation Efficiency
The Role of Mediation and Arbitration in Resolving Real Estate Disputes
- Author: Peterson Law, LLP
- Publication Date: September 2, 2024
- Summary: This piece explores how mediation serves as a flexible and less adversarial alternative to litigation in real estate disputes. It emphasizes the role of a neutral third party in facilitating effective communication and mutually acceptable solutions.
- Link: The Role of Mediation and Arbitration in Resolving Real Estate Disputes
SLIDE 6 - The Med-Arb Hybrid Approach as a Proactive Solution
Dispute Resolution Process: Combining Mediation and Arbitration with Med-Arb”
- Author: PON Staff
- Publication Date: November 12, 2024
- Summary: This article discusses the hybrid approach of med-arb, where mediation and arbitration are combined. It highlights how a mediator can transition into an arbitrator if mediation doesn’t resolve the dispute, ensuring a binding decision is reached efficiently.
- Link: Dispute Resolution Process: Combining Mediation and Arbitration with Med-Arb