There are five (5) distinct stages for a Eminent Domain/Land Condemnation case:

Stage 1 is Planning. This is when the Department of Transportation, City, County, Utility Company or other condemnor plans it’s project and determines that all or a portion of your land will be necessary for the project.

Stage 2 is Negotiation: Once the project has been finalized and approved, you will be contacted by a Right of Way Agent who will show you plats or maps that explain the project and show how much of your land will be involved. Depending on the situation, the Right of Way Agent will make an offer to purchase the property the condemnor needs from you. This offer is called “compensation” and is sometimes based on an appraisal. Right of way agents have only limited authority to buy land for more than the initial offer. Compensation is intended to pay you for damages to your property. This should include payment for the land taken, but also payment for damages to the property you have left. Some damages are compensable; some are not. Although having an attorney represent your interests throughout the negotiations with the right of way agent is a good idea, you should definitely consult with an eminent domain attorney at this point in the process so that you fully understand your rights.

Stage 3 is Condemnation: If you and the agent are unable to agree on the amount of compensation, the condemnor will file condemnation lawsuit in Superior Court of the county where the land is located. You will receive a Summons and Complaint. Although it is scary for most people to be involved in a lawsuit, please do not take it personal and remember that you have done nothing wrong. Filing a condemnation action is simply the process that the condemnor must by law go through to acquire ownership of the portion of the your property it needs for its project. In most cases, ownership of the land that the condemnor needs will pass to the condemnor the moment the condemnation action is filed. When the condemnor files the lawsuit, it must also deposit what it believes to be “just compensation” with the Clerk of Court. The deposit amount is often that amount initially offered to you by the Right of Way agent. You can take the deposit out of the Clerk’s office and still argue that you are entitled to more money for your land.

Eminent domain/condemnation actions are very different from other types of lawsuits. For one thing you will have between 120 days to 12 months to file a response or “Answer” to the Complaint. At Lewis & Daggett, we will make application to get the deposit out of the Clerk’s office and into your hands. We will also prepare and file a written Answer letting the condemnor know that we believe the deposit amount is too low..

Once the Answer is filed, Stage 4, Discovery and Mediation begins. Appraisals between the two parties are often exchanged, along with other information. The Court will order Mediation. Mediation is a mandatory process that involves all parties getting together in an informal setting with a mediator in hopes of settling the case prior to trial. The mediator is a neutral person that tries to get both sides to understand the other’s position and reach an agreement. Many cases, although not all, will settle in mediation.

Stage 5 is Trial. Only a small percentage of cases ever go to trial. A trial usually lasts 3 to five days and a jury of twelve will hear testimony from us and the condemnor regarding the value of your property and the amount of compensation that you are entitled to receive. After the jury hears all the evidence, it will deliberate and return a verdict for the amount of just compensation.

If this process seems complicated, please know that we are with you every step of the way.