10 questions every property owner should ask before hiring counsel when the government comes to take private property for a public use.
1
What is the attorney’s relevant experience?
A condemnation case represents the property owner’s one and only opportunity to be compensated for the taking of some or all of its property. For many property owners, it is the most important lawsuit they will ever be involved in. The most important decision the property owner will make is the attorney that will represent it. Before hiring an attorney in a condemnation case, the property owner must be certain the attorney has the relevant experience handling these specific kinds of cases. This may or may not be the first lawyer that contacted the property owner or the lawyer with the most information about the project. The only way to find out is to ask.
2
How many condemnation cases has the attorney tried to a jury verdict on behalf of property owners?
Many cases are resolved short of a jury trial. However, experienced practitioners will tell you that some cases simply have to be tried to achieve the compensation to which the property owner is entitled. The condemnation attorney’s ability and experience in trying these cases puts the property owner in the best position to resolving the case without the effort and expense of a jury trial. A property owner must know how many times the attorney has been to the courthouse representing property owners.
3
How many special commissioners’ hearings has the attorney attended on behalf of property owners in the last two years?
All condemnation cases go through an administrative hearing before three special commissioners appointed by the trial court to make a preliminary determination of compensation. The number of hearings an attorney has attended on behalf of property owners is another indication of whether that attorney has the relevant experience.
4
What percentage of the attorney’s work is devoted to the representation of landowners in condemnation cases?
Condemnation is a specialized area of the law. Because of the many loopholes and complexities involved, it is not an area that lends itself either to the dabbler or to the general practitioner. The condemnation attorney should be able to represent that he or she spends more than 50% of his or her time representing property owners in condemnation cases.
5
Has the attorney been involved in any reported decisions involving condemnation cases?
This is another indication of an attorney’s relevant experience. Just as some cases must be tried, sometimes cases are appealed. The condemnation attorney should be willing to pursue the case to the lengths necessary to obtain the compensation to which the property owner is entitled. The best indication of whether any attorney is willing to do this is whether he has done it before.
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