Evaluating Eminent Domain Cases in Business Disputes
Eminent domain cases don’t go to trial very often.  The case focus is usually on discovery and the settlement process rather than 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.

The recent changes in property values also create challenges and declines for property owners because jurors need to apply values at the time of the taking without the bias as to current market conditions.  These are issues that have to be explored in jury selection.