803 - Eminent Domain Law Basics for Right-of-Way Professionals
- Course Number: C803
- Course Title: Eminent Domain Law Basics for the Right of Way Professional
- Course Level: Intermediate
- IRWA Credits: 16 QEU / CEU
- AQB Credits: Not Applicable
- Prerequisites: Not Applicable
This course discusses the characteristics and sources of
eminent domain law, and analyzes the many components of the constitutional right
of eminent domain. Participants will gain an understanding of the meaning of
just compensation and the legal aspects of valuation, and will be able to
describe the key players in the eminent domain process.
Credentialing
- New SR/WA: An intermediate elective course that can be applied towards the SR/WA designation.
- Industry: An intermediate course that is required in the Transportation Pathway for the SR/WA designation and an elective course that can be applied in the Oil & Gas Pipeline and Electric & Utilities Pathways for the SR/WA designation.
- Specialist: An intermediate elective course that can be applied towards the R/W-NAC certification.
Topics
- Introduction to subject, characteristics of the power, brief historical perspective, distinguished from other governmental powers, delegation of the power
- Primary sources of law, constitutional provisions, statutory provisions rules, regulations, policies, procedures; court decisions
- Breakdown/analysis of the Modern Rule, types of property which can be taken meaning of “taken”, meaning of “or damaged”, meaning of “public use”
- Just compensation/legal aspects of valuation, market value standard, incidental losses/special problems; laws affecting scope, approach, methodology; laws affecting substantive aspects of valuation, planning and pre-condemnation activities, damages to remainder, benefits, special problems such as trees, crops, minerals; condemnation proceedings
- Roles of right of way professionals engineers, title investigators, appraisers, negotiators, relocation agents
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