Stolen: The Eminent Domain Podcast

Pipelines and Property Rights: 10 Key Valuation Issues

Episode Summary: 
This episode delves deep into the complexities of pipeline eminent domain cases, exploring key valuation issues that property owners face when dealing with pipeline projects. From before and after damages to market stigma, the hosts shed light on the risks and challenges property owners encounter in such scenarios.
Key Timestamps:
- 00:00 – Introduction
- 01:30 – Exploring Permanent Utility Easements
- 03:45 – Understanding Highest and Best Use
- 05:20 – Temporary Construction Easements and Property Impact
- 07:10 – Access and Staging Area Concerns
- 09:05 – Addressing Market Stigma and Perceived Risk
- 11:15 – Environmental Damage and Drainage Impact
- 13:00 – Risks of Pipeline Incidents and Safety Concerns
About the Show: 
*Stolen*, the world's greatest eminent domain podcast, educates listeners on protecting property rights and ensuring fair compensation in eminent domain cases. Join Chad Brown and Caleb Wheeler as they navigate the intricacies of property valuation and legal implications in eminent domain disputes.

Kelo v. City of New London: When “Public Use” Becomes Private Gain

Episode Summary:
In this episode, the hosts delve deep into the landmark case of Kelo v. City of New London. They explore how this case redefined the concept of public use in eminent domain, allowing private entities to take private property for economic development purposes. The discussion covers the background of the case, the legal implications, and the subsequent legislative responses from various states.
Key Timestamps:
00:00 – Introduction
02:15 – Overview of Eminent Domain and Public Use
05:30 – Exploring the Kelo v. City of New London Case
09:45 – Impact on Property Owners and Communities
12:20 – Legislative Responses and Restrictions
15:00 – Analysis of Supreme Court Decision and Dissents
About the Show:
*Stolen* is a podcast that focuses on protecting property owners and ensuring they receive fair compensation in eminent domain cases. Through insightful discussions and legal analysis, the show aims to educate listeners on their rights and the complexities of property law.

Top 10 Issues in Commercial Imminent Domain Cases Part 2

Episode Summary:
In this episode of Stolen, Attorney Chad Brown and co-host Caleb Wheeler dive into the top 10 legal issues every commercial property owner should understand when facing an eminent domain case. From highest and best use to lease complications and business impact, they break down what really affects valuation, compensation, and the future of a business when the government takes commercial property.
Key Timestamps:
00:00 – Overview of commercial eminent domain and income-producing properties.01:30 – How property value changes based on legal and profitable use.04:50 – Understanding functionality and income loss after a taking.07:30 – How zoning compliance can affect damages and compensation.09:40 – Determining before-and-after property values.11:10 – Who receives compensation when leased commercial property is taken.13:00 – Visibility, compensable damages, and expert evaluations.15:00 – The effect of limited access, parking, and construction easements.18:30 – Federal and state relocation assistance for displaced businesses.20:00 – Unique valuation issues and the five key steps to protect your business.
About the Show:
Stolen: The World’s Greatest Eminent Domain Podcast exposes how the government can legally take private property — and how to fight back. Hosted by Attorney Chad Brown, each episode helps property owners understand their rights, maximize compensation, and protect what’s theirs.

Introduction to Commercial Eminent Domain Cases Part 1

Episode Summary:
In this episode of Stolen, Attorney Chad Brown breaks down the key differences between residential and commercial eminent domain cases. He explains how the same constitutional principles apply but with added layers of complexity — including multiple property interests, business income evaluations, fixtures, and relocation issues. From understanding valuation methods to handling severance damages and relocation rights, Chad highlights what property and business owners must know when facing government takings in commercial settings.
Key Timestamps:
00:00 –  Chad Brown introduces the shift from residential to commercial eminent domain cases.02:00 –  Explains what qualifies as a commercial property and how it differs from residential.04:30 –  Outlines shared constitutional rights, valuation methods, and compensation standards.06:30 –  Discusses cost, income capitalization, and sales comparison approaches.09:30 –  Covers how “highest and best use” determines fair compensation.11:00 –  Explains why property value changes due to the project itself aren’t considered.13:00 –  Reviews access issues, traffic impact, and valuation loss for businesses.15:00 –  Talks about tenant relocation rights and full takings in commercial properties.17:30 –  Discusses multiple ownership interests, leases, and allocations of proceeds.20:00 –  Explains how business-specific fixtures and property uses affect compensation.23:00 –  Emphasizes the importance of expert help, patience, and strategic case handling.
About the Show:
Stolen is the leading podcast on eminent domain law, hosted by Attorney Chad Brown. Each episode helps property owners understand their rights when the government takes private property — breaking down complex legal topics into clear, practical advice that ensures fair compensation and protection under the law.

Mortgage Issues In Residential Eminent Domain Actions

Episode Summary:In this episode of Stolen, Attorney Chad Brown explains how mortgages are affected when the government takes private property through eminent domain. He breaks down how loans, security interests, and compensation interact during partial or full takings — and what homeowners should do to protect themselves. From understanding bank rights to managing payouts, Chad provides clear guidance on how to handle mortgage-related issues in condemnation cases.
Key Timestamps:00:00 –  Overview of the topic: how eminent domain impacts residential mortgages.01:30 –  Explanation of mortgage structure, liens, and how banks secure their interests.03:00 –  Discussion of each party’s rights and obligations in mortgage agreements.05:30 –  How banks protect their loans and what “collateral” means for property owners.08:00 –  Why a mortgage doesn’t change your property’s valuation in condemnation cases.10:00 –  How losing part of your property affects the mortgage and the bank’s security interest.12:30 –  When and why banks may require a portion of eminent domain settlements to pay down loans.15:00 –  How lenders determine risk after a taking reduces property value.17:00 –  How to handle payouts, documentation, and communication with your lender.19:00 –  Options for restructuring loans after a property loss or partial payment.21:30 –  What homeowners can access if their property is fully taken and paid off by compensation.23:00 –  Why early communication with banks and attorneys is key in eminent domain cases.
About the Show:Stolen is the world’s leading eminent domain podcast hosted by Attorney Chad Brown. The show educates property owners on their rights when the government or utility companies take — or damage — private property. Each episode simplifies complex legal issues to help owners protect what’s theirs and secure the compensation they deserve.

Highest and Best Use in Eminent Domain Evaluations

Episode Summary:
In this episode of Stolen, Attorney Chad Brown and Attorney Caleb Wheeler explain what “highest and best use” means in eminent domain cases — and why it’s one of the most important factors in determining fair compensation. They break down the four-part test used to establish a property’s true value, discuss historical court cases that shaped the concept, and show how property owners can use this knowledge to maximize recovery when the government takes their land.
Key Timestamps:
00:00 –  Overview of the episode and the importance of understanding property valuation in eminent domain.00:02 –  Explanation of the concept and how it determines the fair value of a property.00:04 –  Legal permissibility, physical possibility, financial feasibility, and maximum productivity.00:05 –  Key court cases like Boom Co. v. Patterson and Olson v. United States that defined “highest and best use.”00:10 –  How zoning laws, subdivision restrictions, and feasibility impact valuation.00:12 –  How understanding highest and best use directly affects compensation in condemnation cases.00:15 –  Residential properties with commercial potential and how re-zoning or mixed-use zoning can increase value.00:18 –  How hidden potential like lithium deposits or energy projects can impact property worth.00:20 –  The importance of using solid, objective evidence rather than assumptions or personal beliefs.00:22 –  Property owners must understand the different ways their land can be used to ensure fair compensation.
About the Show:
Stolen is the world’s leading eminent domain podcast hosted by Attorney Chad Brown. The show educates property owners on their rights when the government or utility companies take — or damage — private property. Each episode simplifies complex legal issues to help owners protect what’s theirs and secure the compensation they deserve.

Defending Your Property Value: How to Fight Back In Eminent Domain Cases

Episode Summary:In this episode of Stolen, Attorney Chad Brown and Attorney Caleb Wheeler explain the importance of property valuation in eminent domain and condemnation cases. They discuss how “just compensation” is determined, the difference between full and partial takings, and the methods appraisers use to calculate fair market value. This episode helps property owners understand how valuation affects the amount they’re paid when the government takes their land — and why proper valuation is key to getting fair compensation.
Key Timestamps:00:00 –  The emotional side of eminent domain and why fair compensation matters.02:30 –  Explanation of how “fair market value” is determined on the date of taking.04:00 –  Difference between complete property seizures and partial land use restrictions.06:00 –  Understanding ownership rights versus limited use rights.08:00 –  How property zoning and potential development affect value.12:00 –  Overview of cost approach, sales comparison, and income capitalization.16:00 –  How different valuation methods can lead to major gaps in compensation.19:00 –  Why property owners should never face complex valuation cases alone.21:00 –  No just compensation exists without proper valuation.
About the Show:Stolen is the world’s leading eminent domain podcast hosted by Attorney Chad Brown. The show educates property owners about their rights when the government or utility companies take private property. Each episode breaks down real cases and expert insights to help owners protect what’s theirs and secure the compensation they deserve.

Inverse Condemnation: When the Government Takes Your Land Without Paying

Episode Summary:
In this episode of Stolen, Attorney Chad Brown and guest attorney Caleb Wheeler break down what inverse condemnation means for property owners. They explain how property can lose value due to government actions—like flooding, blocked access, or zoning changes—even when it’s never officially “taken.” This episode helps property owners understand when they can take legal action to recover damages and why timing is critical in these cases.
Key Timestamps:
01:00 – Overview of the episode and what “inverse condemnation” really means.03:00 –  Difference between a condemnation action (filed by the government) and an inverse condemnation action (filed by the property owner).05:00 –  How inverse condemnation originated from early American property disputes involving dams, flooding, and railroads.10:00 – Common ExamplesFlooding caused by government or public works projects.Construction projects that block property access.Environmental damage or contamination from government activity.Permanent installations or structures built on private land without consent.Zoning or regulatory changes that reduce property value.Noise and vibration issues caused by nearby airports or infrastructure.18:00 –  Why property owners must act fast—typically within two years—after the government action begins to avoid losing the right to compensation.20:00 – Chad Brown and Caleb Wheeler stress the importance of contacting an attorney early if your property is being affected by government actions.
About the Show:
Stolen is the world’s leading eminent domain podcast hosted by Attorney Chad Brown. The show educates property owners on their legal rights when the government or utility companies take—or damage—private property. Each episode provides practical advice to help owners protect their land and receive the compensation they deserve.

Hidden Cost of Easements: What the Government isn't Telling You in Eminent Domain

Episode Summary:
In this episode of Stolen, Attorney Chad Brown breaks down the most common easement problems that property owners face in eminent domain cases. From temporary construction to permanent utility and drainage easements, he explains how each affects your property rights and value—and why understanding them is key to getting full compensation.
Key Timestamps:
01:00 –  Overview of the episode’s focus on common easement issues in eminent domain cases.03:00 –  Explanation of easements as legal rights to use another’s land without owning it.05:00 –  How TCEs work, what they allow the government to do, and why duration and property damage matter.10:00 –  Discussion on restrictions, property access, and why these easements can cause lasting property impacts.15:00 –  How “quick take” laws and broad easement language can affect property access and valuation.18:00 –  The impact of water diversion and pooling on property value and safety.20:00 –  Why property owners may need hydrologists, grading professionals, and environmental experts to prove damages.22:00 –  Key takeaway: never underestimate the value impact of easements and always get professional advice.
About the Show:
Stolen is the world’s leading eminent domain podcast hosted by Attorney Chad Brown. The show educates property owners on their legal rights when the government or utility companies attempt to take property. Each episode provides practical insight on how to protect your land and secure the compensation you deserve.

Easements 101: Understanding Your Property Rights Before They’re Taken

Episode Summary:In this episode of Stolen, Attorney Chad Brown explains the complex world of easements and how they impact property owners, especially in eminent domain cases. Many property owners don’t know their rights or what is being taken from them, which can lead to losing more than they should. Chad breaks down different types of easements, how they are created, and why understanding them is crucial for ensuring fair compensation.
Key Timestamps:
01:00 – What is an Easement?03:00 – Affirmative vs. Negative Easements05:00 – Appurtenant vs. Easement in Gross08:00 – Use vs. Severed Rights10:00 – Profits à Prendre13:00 – How Easements Are Created: Voluntary, Prescriptive, and Eminent Domain18:00 – Easements in Eminent Domain: Temporary Construction, Permanent Utility, Drainage, and Slope Easements25:00 – Why Understanding Easements Matters for Property Owners
About the Show:Stolen is the world’s leading eminent domain podcast. Attorney Chad Brown helps property owners understand their rights when the government or utilities seek to take or restrict property. The show focuses on providing practical advice, legal insight, and actionable steps to protect property and ensure fair compensation.