Seattle Eminent Domain Lawyer | Eminent Domain Jury Trial

All attorneys, no matter if you represent landowners in an eminent domain case or the condemning authority (Washington Department of Transportation, Sound Transit, Puget Sound Energy, Seattle Department of Transportation, King County Department of Transportation, etc.) feel like if they are taking a case to trial they have a fairly good shot of receiving a favorable verdict. The truth is, however, that often the chances are closer to fifty fifty, and it is impossible to tell what a jury will focus on in your specific eminent domain trial. Often the margin between a successful verdict and an unsuccessful one is razor thin.

For example, in South Dakota, a recent jury trial in an eminent domain action for land for an airport resulted, in essence, in a victory for the county. From the story, found here, it looks as though there was a legitimate difference of opinion in the value of the land. The County was at about $5,000 an acre, and the landowner was at about $8,000 an acre. In the end, the jury decided the County's determination of value was closer to correct, returning a verdict very close to what the County offered as value.

As an aside, in a case like this, with only $3,000 in difference between the parties, no matter what the amount of acreage (in this case it was 200 acres, making a difference of about $600,000 in price) I can't believe a settlement wasn't reached. Although a trial doesn't cost $600,000, generally it is expected that the jury will come somewhere in the middle of the parties. One side must have been fairly confident in their expert appraiser to take this to trial. In this case I hope it was the County.

In any event, as always, it is important to have a good eminent domain attorney, and because we are in the Seattle area, a good Seattle eminent domain attorney. Not only can it make a difference at trial, but they will have the knowledge and experience to know when it is time to go to trial, and sometimes, more importantly, when it is time to settle and take as much as you can get over the offer.