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Evaluating Eminent Domain Cases in Business Disputes
Eminent domain cases don’t go to trial very often. The case focus
is on the settlement process rather than the courtroom dynamics. The key
issue is the loss of business efficiency that occurs when the government
condemns a business’ property. It is clearly stated in the law that
the government is required to pay fair market value for the land. However,
what’s “fair” to the government is not always the same
as what’s “fair” to the business owners.
When there is a large dispute involved, a mock
trial can be used to determine the best way to present the case to the jury.
Results from a mock trial are often used by our clients as part of the mediation
process. Mock trial results give our clients a better sense of the value
of an asset and what is a fair settlement.
Juror Perceptions
Jurors are often skeptical of the private party in eminent domain cases
because the dispute involves a government entity. Consequently, jurors can
be wary of awarding large sums of money out of fear that taxes will be raised
or public funds will be used to compensate for the loss. Because of these
apprehensions, the burden of proving guilt becomes especially challenging.
The plaintiff’s case must be particularly exhaustive and thorough
since the jurors have a personal stake in the verdict—their tax dollars.
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