Should the government fail to deal fairly, the owner is entitled to a twelve-person jury trial. A trial may lastfour to five days and is held in the County where the property is located. The outcome of a trial depends on many factors. Among other requirements, jurors need only have a drivers license and not be prejudiced against either party. My firm has conducted over fifty twelve-person eminent domain jury trials. The governments are aware of this fact. We are not a high-volume law firm looking to quickly turn a case over to make a quick fee. The government is aware that we have and will take a case all the way. This path is a very expensive proposition for the government in time and money. We believe our trial history greatly aids in recovering much greater sums for our clients at the mediation stage. Should the government behave unreasonably, we stand ready, willing and able to try your case.
In order to protect your rights, the final judgment or settlement agreement must be carefully crafted. A properly written final judgment will provide the owner with a chance to seek additional compensation should the government break its promise to construct in a certain manner. Failure to properly craft the document will result in the loss of the ability to seek additional compensation. There has been more than one owner surprised to see the loss of a driveway or flooding conditions because they trusted the right of way agent or failed to have the agreement properly documented. Both of these results are completely avoidable if you allow us to do our job for you.
FEES AND COSTS:
Brent Simon Law Group does not charge eminent domain clients attorney’s fees nor expert witness costs. The law requires the government to pay the fees based on the benefit achieved for the client. Our firm is confident and well established. You pay no retainer fee nor percentage of recovery.
In some instances, the government or utility companies, through ignorance or arrogance, utilize private property for their own use without following the rules. This may entitle you to an inverse condemnation action. The Court will force the government entity to pay for what it has taken, and in addition, pay your attorneys’ fees and experts’ costs. An example is where the government builds a structure on your land. It could be a light pole, retention pond, road, or anything of a permanent nature. Surveys are necessary to show the encroachments and form the basis of a lawsuit. Once the Judge declares a land taking has occurred, the case proceeds similarly as a typical eminent domain case.