The latest episode of the “Is That Even Legal?” podcast features a familiar voice, that of former Eminent Domain Podcast host, Clint Schumacher who joins host Bob Sewell as a guest to discuss takings by eminent domain, and by overregulation.
Clint joins the ITEL Podcast to discuss a situation that has been in the news lately, the possible taking of American-born Pope Leo XIV’s childhood home in Illinois to preserve it. What was just an old house yesterday is today history worth preserving, apparently!
Here’s a description of the episode:
What happens when the government decides it needs your land? Does the Constitution really allow officials to seize your family home, farm, or business property against your will? The answer might disturb you.
Attorney Clint Schumacher, a leading eminent domain expert, joins us to unravel the complex world where constitutional rights, property ownership, and government power collide. Schumacher pulls back the curtain on a legal process that affects countless Americans but remains widely misunderstood.
We explore the landmark Kelo v. City of New London case that dramatically expanded government’s ability to take private property, allowing cities to seize homes for economic development rather than traditional public uses like roads or schools. This controversial Supreme Court decision sparked nationwide outrage and legislative reforms, yet many property owners remain vulnerable.
The conversation takes a deeply human turn as Schumacher describes families losing properties held for generations – land that forms part of their identity, not just their assets. We examine the Henry family farm in New Jersey, owned by the same family for 175 years, now threatened by condemnation for affordable housing. This poignant example highlights how even worthy public goals create profound private sacrifices.
We also demystify the compensation process, revealing the often significant gap between government appraisals and true property value. Schumacher explains why property owners frequently feel shortchanged even when receiving “just compensation,” especially when forced to pay their own legal fees from their settlement amounts.
Whether you’re a property owner concerned about your rights – even His Eminence…the POPE —His CHILDHOOD HOME was subject to eminent domain – or simply want to understand this fascinating intersection of law, economics, and human dignity, this episode provides crucial insights into a power that Schumacher calls “a necessary evil.” Despite its importance for infrastructure development, nothing government does to innocent citizens feels more invasive than taking their property against their will.
Be sure to check it out and add it to your listening queue.
The “Pope’s home taking” issue was also recently examined by New Jersey colleague Michael Realbuto at McKirdy Riskin Olson DellaPelle’s eminent domain blog. Check that out too!