David Schultz is a Hamline University professor in the Graduate School of Management who teaches classes in public administration and state and local government. He has also taught state and local law at the University of St Thomas Law School and for the last 16 years has written extensively on eminent domain law. Professor Schultz is a former city director of planning, zoning, and code enforcement who was responsible fora agency that enforced city and state housing laws. As director, he also wrote a new municipal housing code and assisted in the drafting of a new zoning ordinance. David has served as a housing and economic planner for an Office of Economic Opportunity (OEO) community action agency and he also participated in the drafting of the eighth edition of the Model City Charter with the National Civic League

 

Eminent Domain Publications and Scholarship

Books

Property, Power, and American Democracy, 1992, Transaction Press.

Evicted!  Property Rights and Eminent Domain in America, 2009, Praeger Press.

 

Legal Treatises

"The Appraisal Process," chapter 4, Nichols on Eminent Domain, Matthew Bender & Company (2006)

"Business Plant Closings and Relocating Sports Teams: The Expansion of the 'Public Use' Doctrine in Eminent Domain," chapter 22, Nichols on Eminent Domain, Matthew Bender & Company (2005)

"Capacity to Condemn," chapter 3, Nichols on Eminent Domain, Matthew Bender & Company (2005)

"Private Property for Public Use," Chapter 6, Nichols on Eminent Domain, Matthew Bender & Company (2004).

"Property and Ownership," Chapter 5, Nichols on Eminent Domain, Matthew Bender & Company (2003).

"Time of Valuation," Chapter 12A, Nichols on Eminent Domain, Matthew Bender & Company (2002).

"Valuation of Interests Other than Fee Interests," Chapter 12D, Nichols on Eminent Domain, Matthew Bender & Company (2002).

"Valuation for the Purpose of Compensating a Temporary Taking," Chapter 12E, Nichols on Eminent Domain, Matthew Bender & Company (2002).

"Sales and Offers: Indicators of Market Value," Chapter 21, Nichols on Eminent Domain, Matthew Bender & Company (2001).

"Remedies of Owners," chapter 28, Nichols on Eminent Domain, Matthew Bender & Company (2001)

"Quality of Title," chapter 9, Nichols on Eminent Domain, Matthew Bender & Company ( 2000)

"Enhancement," chapter 8A, Nichols on Eminent Domain, Matthew Bender & Company (1999)

"The Public Use Doctrine," chapter 7, Nichols on Eminent Domain, Matthew Bender & Company (1999)

"Business Plant Closings and Relocating Sports Teams: The Expansion of the 'Public Use' Doctrine in Eminent Domain," chapter 22, Nichols on Eminent Domain, Matthew Bender & Company (1998)

"Remedies of Owners," chapter 28, Nichols on Eminent Domain, Matthew Bender & Company (1997)

"Capacity to Condemn," chapter 3, Nichols on Eminent Domain, Matthew Bender & Company (1995)

"Property and Ownership," chapter 5, Nichols on Eminent Domain, Matthew Bender & Company (1996)

"The Public Use Doctrine," chapter 7, Nichols on Eminent Domain, Matthew Bender & Company (1993)

"Business & Plant Closings: The Expansion of the 'Public Use' Doctrine in Eminent Domain," chapter 22, Nichols on Eminent Domain, Matthew Bender & Company, (1992)

Articles and Book Chapters

"What's Yours Can be Mine: Are there Any Private Takings After City of New London v. Kelo?," UCLA Journal of Environmental Law and Policy (2006).

"Economic Development and Eminent Domain After Kelo: Property Rights and "Public Use" under State Constitutions," Albany Environmental Outlook Journal (2006).

"The Property Rights Revolution that Failed: Eminent Domain in the 2004 Supreme Court Term, Touro Law Review (2006).

"The Price is Right! Property Valuation and Damage Awards for Temporary Takings," 22 Hamline Law Review 281(1998)

"Labor and Community Challenges to Disinvestment: The Use of Eminent Domain and Community Property Rights to Fight Plant Closings," In Bina, et al., editors, Beyond Survival: Wage Labor in the Late Twentieth Century," New York: M.E. Sharpe, Inc., (1995)

"Using Eminent Domain to Facilitate Employee Ownership," 4 Journal of Employee Ownership Law and Finance 37 (1992)

"The Use of Eminent Domain and Contractually Implied Property Rights to Affect Business and Plant Closings," 16 William Mitchell Law Review 383 (1990)