Ten Things Condemnors Can Do to Save Time and Money

Although most of our practice is devoted to representing claimants in condemnation matters, we also represent condemnors. We think based on our experience that the following is a litany of dos and don’ts when acting as condemnor’s counsel.

Rule Number One: Be fair. We all took an oath to uphold the Constitution when we were sworn into the bar of our respective states. The Fifth Amendment requires the payment of just compensation to a former owner in an eminent domain case. If you are representing a condemnor, you do not do a service to your client by retaining an appraiser known to make “low ball” appraisals. It will cost the condemnor more money in the long run and make it virtually impossible to settle the case. An unreasonably low appraisal will also provide the basis for an award of legal and appraisal fee reimbursement following trial. If counsel for condemnor finds that an appraiser is unfair or cannot support the appraisal—discharge the appraiser quickly and hire someone who understands that a condemnation trial is not a game.