I recently found a 2010 article describing a study which will benefit lawyers and parties on both sides of eminent domain/condemnation cases. It deals directly, and in detail, with the question of how well lawyers can predict case outcomes.[1] Litigation savvy clients, and lawyers—as well as knowledgeable observers of the legal profession—would agree that the [...]
eminent domain
Lawyers and their clients make mistakes in settling eminent domain cases … sometimes big mistakes. A study published in 2008 developed a number of interesting results that can inform what we do as lawyers, mediators, arbitrators, condemnors, and condemnees called on to settle eminent domain cases.[1] The study looked at three data sets; 2,054 cases [...]
Arbitration is a commonly used method of alternative dispute resolution (ADR). It can aid in the resolution of all kinds of disputes, including eminent domain (condemnation). In the next several articles we will examine in detail how arbitration works and discuss some of its primary pluses and minuses, particularly in the eminent domain arena. Today we will [...]
We have previously discussed Kelo City of New London, 545 U.S. 469 (2005) the landmark eminent domain case decided in 2005 by the United States Supreme Court. A challenge to the takings by the affected landowners ended up in the United States Supreme Court. The Court determined, 5-4 that the City’s economic redevelopment plan served a “public purpose” sufficient [...]
