Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)

In this episode, Infrastructure Junkies! hosts Dave Arnold and Kristen Short engage with guests Anthony DellaPelle and Ross Greene to explore the significance of the prestigious CRE (Counselors of Real Estate) certification. They discuss the rigorous application process, the multidisciplinary nature of the organization, and the value of networking among top-tier real estate professionals. They examine how the CRE certification demonstrates commitment to the real estate industry. The conversation also delves into the CRE Consulting Corps initiative, which provides pro bono consulting services to communities in need, and concludes with a light-hearted discussion about New Jersey's cryptids. Further in this conversation, the hosts and guests explore a variety of topics ranging from local legends and cryptids to the nuances of real estate practices. They delve into the ongoing debate of Taylor Ham versus pork roll, discuss the CRE's annual top 10 issues that impact real estate, and examine how political changes and tariffs can affect infrastructure projects. The conversation also highlights the unique community aspect of the CRE, including their band, Sound Counsel, which adds a fun twist to their professional gatherings. Takeaways CRE is a unique, multidisciplinary organization with over 60 professions represented. Membership is by invitation only, making it exclusive and prestigious. The application process for CRE is rigorous and requires substantial proof of expertise. Networking within CRE can significantly enhance professional practice and client service. The CRE Consulting Corps provides valuable pro bono services to communities facing real estate challenges. Members of CRE often form meaningful relationships that extend beyond professional networking. The organization has a strong international presence, enhancing its resources and expertise. Volunteering for CRE initiatives allows members to give back to the community while utilizing their skills. The CRE Consulting Corps has tackled various real estate issues, including disaster relief and urban planning. New Jersey has a rich lore of cryptids, adding a unique cultural aspect to the conversation.  The discussion of local legends like the Jersey Devil adds a humorous touch to the conversation. The Taylor Ham vs. pork roll debate reflects regional pride and identity in New Jersey. The CRE's top 10 issues list is a valuable resource for real estate professionals. Political changes can significantly impact the real estate market and infrastructure projects. Tariffs can lead to unexpected costs in large infrastructure projects. The CRE band, Sound Counsel, showcases the community spirit within the organization. Understanding the nuances of real estate practices is essential for effective advocacy. Networking and sharing knowledge within the CRE can enhance professional growth. The importance of staying informed about geopolitical issues affecting real estate. The camaraderie among CRE members is evident in their shared interests beyond work. This episode was generously sponsored by The Right of Way / Eminent Domain Practice Group at Pender & Coward, P.C.  

Have you been enthralled with the hit TV show "Landman", featured on Paramount+?  Spoiler alert....we have!  In this episode, hosts Dave and Kristen explore the hit TV show 'Landman' starring Billy Bob Thornton, delving into the realities of the landman profession. They discuss the differences between landmen and right-of-way agents, the process of leasing minerals, and the negotiations involved. Jim Newcomb, a seasoned landman, shares insights into the industry, including the value of mineral rights and the dangers faced in the field. The conversation also critiques the show's portrayal of landmen, highlighting the blend of realism and Hollywood fiction. In this conversation, Jim Newcomb and Dave Kristen delve into the intricacies of the oil and gas industry, discussing the characters, culture, and realism portrayed in the show 'Landman.' They explore the challenges faced by landmen, the impact of crime, and the dynamics of family relationships within the industry. Through character analysis and personal anecdotes, they provide insights into the realities of working in oil and gas, contrasting it with the dramatized portrayals in media. This episode was generously made possible by Blackbird Right of Way, LLC.

The International Right of Way Association just concluded its 71st Annual Educational Conference in Virginia Beach this June. Koby Godwin took the reins as the brand new president of the IRWA and joins the Infrastructure Junkies to discuss his journey through right of way industry leadership.  Koby gives his personalize recap of the Virginia Beach conference, discusses his rise through the ranks of the IRWA, the joys and frustrations of taking this role as a Canadian, and his plans for the future.  Don't worry, Dave and Kristen have all kinds of commentary on Canadian pop culture in this friendly good natured discussion!

How do you get to know the newest leader of the premier right of way trade association?  An interview with Infrastructure Junkies, of course! In this episode, Dave and Kristen interview Denise Skinner, the incoming International Right of Way Association (IRWA) president. They discuss Denise's motivation for assuming such a significant leadership role within the IRWA and her experience on the International Executive Committee (IEC). Denise shares her perspective on the challenges and rewards of serving on the IEC, including the time commitment and the need to balance work and personal life. She also discusses the changes and improvements she hopes to bring to the association during her term as president. Overall, the conversation highlights the dedication and passion of IRWA members and the importance of strong leadership in the organization. In this conversation, Denise Skinner discusses the upcoming conference in Long Beach and the absence of drama. She also talks about her work on the Strategic Planning Task Force and the accomplishments of the association. The conversation then gets fun when Dave and Kristen attempt to expose any of Denise's "bad tastes" with a spirited round of 20 Questions, covering topics such as hot dog toppings, hidden piercings, favorite pickup lines, and more. This episode was generously sponsored by Blackbird Right of Way, LLC as well as Pendulum Land Services, LLC.

In this episode of Infrastructure Junkies, your hosts are joined by guests Matt Harris and Ray Mehler to discuss various topics related to right-of-way professionals and pop culture. The first theme discussed is relocation, with the hosts and guests sharing their experiences and insights on becoming relocation experts. The second theme revolves around the final rule, which provides benefits for displaced individuals in federal and federally funded projects. The hosts and guests discuss the changes in the final rule and the potential impact on state relocation acts. The episode also includes pop culture topics involving the movies Back to the Future and Star Trek - The Next Generation, exploring the concept of property rights in the time-space continuum. Pop culture topics also include childhood food memories and the challenges and opportunities of generational differences in the workforce. The hosts discuss their favorite childhood foods, such as SpaghettiOs and Chef Boyardee beef ravioli, and share their experiences with different food products. They also explore the topic of generational wars, particularly the tensions between Gen Z, millennials, Gen X, and boomers. They also discuss the role of attorneys in the right-of-way process and the importance of collaboration and ethical representation. The episode concludes with the topic of umpiring and refereeing in sports, with a focus on the challenges and importance of making fair calls. The hosts share their experiences and perspectives on the role of officials in maintaining the integrity of the game. This episode was generously sponsored by Blackbird Right of Way, LLC, your go to relocation experts in the United States.

The best way to understand why we have our standard eminent domain laws and procedures may be to learn through a good story. Houston attorney Bobby Debelak of the law firm McDowell Hetherington joins Infrastructure Junkies to tell the story of Robert Moses, who amassed incredible power despite never being elected to a public office. Morris utilized eminent domain to accomplish some of the most amazing infrastructure projects in New York.  During his amazing reign, virtually all of the City, State and Federal infrastructure spending in New York flowed through Moses.  Hear more about his amazing rise to power, projects and controversial legacy. This episode is graciously sponsored by Blackbird Right of Way, LLC, experts in the Uniform Relocation Act available for projects throughout the United States.

A right of way professional cannot overlook the importance of a good title search.  Keri Dupey from HDR, Inc. joins Infrastructure Junkies to explain and review the significance of title searches, title reports and title examinations of property subject to condemnation or eminent domain. This episode was generously sponsored by Pendulum Land Services, LLC, a DBE and SWaM certified right of way company headquartered in the mid-Atlantic area.

Christina Thoreson, Anthony Alderman and Ross Greene return to Infrastructure Junkies for more!  Will eminent domain and right of way appraisers be replaced by artificial intelligence ( "AI" )?  Can AI supplement or improve appraisal methodology?  Wouldn't the use of AI remove inherent human bias in testimony?  The group also discusses the sales comparison approach in appraisal and how it too can be manipulated, manipulation of highest and best use, appraisal of convenience stores and gas stations, and the role of a broker in eminent domain cases. And listen on when Christina, Anthony and Ross receive their "bar names" to use at social functions! This episode was generously made possible by Blackbird Right of Way, LLC which provides expert relocation services across the country.

Infrastructure Junkies invited two of their favorite real estate appraisers, Christina Thoreson and Anthony Alderman, to discuss a variety of hot appraisal topics encountered in right of way acquisitions and eminent domain cases.  Attorney Ross Greene (Mr. "chicken sacrificing voodoo" himself) infuses the conversation with more than his fair share of cynical color commentary.  Easements - types and effects on value.  Is there really such thing as permanent damage by a temporary easement? Why is the cost approach so distrusted by some attorneys?  And what about the "cap rate"? And listen in on the round table discussion about Billy Squier's hot new single! This episode was generously sponsored by Blackbird Right of Way, LLC.

Shant Boyajian of Nossaman, LLP joins the Infrastructure Junkies to update listeners on the progress of the Infrastructure Investment and Jobs Act.  Has this funding caused the dramatic boom in the right of way industry as predicted?  What projects are being funded and how?  Have there been any surprises?  Is this just the beginning or is the money running out? And what's next for the right of way industry?  Listen in for answers to these questions and more about the largest influx of infrastructure funding we've ever seen!

Eminent domain can seem oppressive and unfair.  The American system of compulsory acquisition features constitutional restrictions and obligations, as well as numerous duties imposed on condemning authorities and rights conferred upon impacted landowners.  Our right of way acquisition process has come a long way, yet imperfections persist.  Do we have the best system in the world? Is it fair enough? Are there loopholes that still need to be closed, and is there more that we should be doing to protect our citizens? Texas eminent domain attorney Sejin Brooks joins Infrastructure Junkies to offer his insights into what's broken within the systems of right of way acquisition, eminent domain and the Uniform Relocation Act.

Dominion Energy Senior Counsel Karla Carter joins Infrastructure Junkies to discuss the complicated history of heirs property issues.  What exactly is "heirs property"? What are the effects--both intended and unintended--on certain segments of the American population?  What are our obligations to heirs property in the right of way context?   When condemning agencies encounter parcels of property which were inherited by its currents owners--often passing intestate and without the benefit of a will--the easiest option is sometimes to simply proceed to condemnation.  Karla Carter explains why this has become an issue of social and environmental justice and how the abuse of partition suits has been utilized to deprive certain segments of the population of their land.  In fact, heirs property is the leading involuntary loss of African American property in the United States. Listen in and you will understand why heirs property is so much more than a land title issue. For more information on the subject, go to https://farmlandaccess.org/heirs-property/  This episode was generously sponsored by Pendulum Land Services, LLC.

Southeastern Virginia is comprised of seven cities, each of which is waterfront, and many of which are separated by large bodies of water.  The Hampton Roads Bridge Tunnel was constructed in the mid 1950's to connect Norfolk and Virginia Beach with Newport News and Hampton without obstructing marine traffic.  The Virginia Department of Transportation launched one of the largest infrastructure projects in North America to expand the Hampton Roads Bridge Tunnel.  Chief Engineer Ryan Banas joins Infrastructure Junkies to explain this incredible feat of infrastructure expansion, and in the process, tells our audience exactly how this bridge goes under water.

A controversial and sometimes shady right of way project may be single-handedly responsible for the City of Los Angeles as we know it, and all that it represents.  The Los Angeles Aqueduct, the brain child of William Mulholland and Fred Eaton, miraculously transformed a sleepy oil town into a world famous metropolis.  Armchair Engineer Adam Ratliff (TikTok: @armchairengineer) joins Infrastructure Junkies to explain the genesis of this project, all that it entails and how it was accomplished, the disastrous effects on the Owens River Valley, and the tragedy of a dam failure which claimed the lives of over 400 people.  One thing is certain:  if there is no aqueduct, there is no modern day Los Angeles. This episode of Infrastructure Junkies was generously sponsored by Blackbird Right of Way, LLC, specialists in the Uniform Relocation Act.  Check out their website at blackbirdrow.com.

Waterfront property lawyer Bryan Peeples joins the Infrastructure Junkies to discuss exclusive rights enjoyed by waterfront property owners -- better known as "riparian property rights".  Bryan explains that riparian rights are valuable real property rights which, in most cases, cannot be taken without just compensation.  Bryan defines each of the five riparian rights and explains how to exercise them. Bryan also explains some key differences between landlocked property and waterfront property of which all potential  purchasers of waterfront lots (including condemning agencies) should be aware.

Incoming International Right of Way Association President Fred Easton joins the Infrastructure Junkies to discuss his vision for the upcoming term.  Fred brings his philosophies and grand plans to the discussion table, as well as his passion for education within the organization.  Listen in to get to know Fred Easton better, and don't miss the special celebrity guests!

In anticipation of our mid-season finale with incoming International Right of Way Association President Fred Easton, we are re-releasing an entertaining and controversial interview with Jake Farrell, who took the reigns of the IRWA at the San Antonio conference in 2021.

Renowned author Howard Mansfield returns to Infrastructure Junkies to discuss two more chapters of his fabulous book, The Habit of Turning the World Upside Down. Listeners met Howard in the kickoff episode of Season 4 when he brought us tales of attempts to drain the Great Dismal Swamp and the Ballad of Romaine Tenney.  This time Howard discusses "The Land of Many Uses"--our national forests.  From the mass destruction of old growth American timber throughout the 19th and 20th centuries to the creation of national forests...these national treasures may not be as safe as we would like them to be.  He then explains to us in his own words what happens when "My Roots are Deeper than your Pockets"--when one's land is more important than any amount of money, even if the landowner lacks sufficient financial resources.  We as right of way professionals deal with the idea of "just compensation" to the point that we may actually become desensitized to the sentimental and emotional attachment to real property that some people feel.   Thank you to Blackbird Right of Way, LLC for its generosity in making this episode possible.  Blackbird is a DBE certified right of way acquisition company that specializes in complex relocations throughout the United States.  From one parcel to 100, make Blackbird part of your team!

In this 5th installment of the Infrastructure Junkies Roundtable series, your hosts invite some young(er) right of way professionals to share what's on their mind in this popular format. You know the routine...everyone brings one topic in right of way, and one in pop culture and the group discusses.  Listen in to some outstanding insight about the winding road to the right of way industry, YouTube stardom via the Terrell Show and a young jazz starlet Samara Joy, the joys of the Uniform Relocation Act, what is your high school anthem?, effective outreach to recruit new Infrastructure Junkies, how much Taylor Swift is too much?, gender equality and discrimination in the right of way industry, and finally the magic of The Red Green Show! This episode was generously sponsored by Pendulum Land Services, LLC. Thank you, Pendulum!

Infrastructure Junkies host TikTok sensation and co-influencer, the Armchair Engineer to lead them through an examination of what is perhaps America's greatest infrastructure marvel of all time, the Hoover Dam.  Listen in to learn about the taming of the wild and wonderous Colorado River and political jockeying for water allocation among the seven states which border that tributary. How was that dam conceived? How was such an incredible infrastructure achievement constructed? The perils of construction could never be replicated today.  The Hoover Dam provides hydroelectric power to communities, irrigates countless farms, provides drinking water to millions, and represents a veritable triumph of 20th century engineering.  Adam Ratliff explains how reservoirs function as water "savings accounts" and the current status--and future prospects of Lake Mead.  This is one fantastic episode! This episode was made possible by Blackbird Right of Way, LLC, a DBE certified right of way company specializing in complex relocation assistance.  Thank you, Blackbird!