The lawsuit
How the amount gets decided
If the parties cannot agree, a fact finder decides. Depending on the state that is a panel of commissioners, a judge or a jury, and in several states it is commissioners first with a right to appeal to a jury.
Sequence
What happens, in order
Disclosure and exchange of appraisals
Both sides produce their valuation evidence and the experts who will give it. This is usually the point at which each side first sees the full strength of the other\u2019s case, and many matters settle here.
Depositions
Experts are examined under oath before the hearing. An appraiser who cannot support an adjustment in deposition is unlikely to persuade a jury.
Motions on admissibility
Either side may seek to exclude evidence or testimony, typically on the ground that an opinion lacks a reliable basis.
Commissioners or trial
Evidence is heard, both appraisers testify, and the fact finder determines just compensation. The owner usually attends and may testify about the property.
Award and judgment
The determination is entered, adjusted for any deposit already withdrawn, with interest as the state provides.
Appeal
Available on legal grounds and, in states with a commission stage, sometimes as of right to a jury. Appeals on the amount alone are difficult.
What is actually in dispute
Two numbers and the reasoning behind them
A condemnation trial is narrower than most litigation. Liability is not in issue: the agency may take the property and must pay for it. What is contested is the amount, and the amount comes down to the before value, the after value and the judgements inside each.
So the hearing is largely a contest between two appraisers. The fact finder is being asked which valuation is better reasoned, and it is decided on the quality of the analysis far more often than on the confidence of the witness.
Questions about trial
What are my chances
Nobody can answer that without the file. What is generally true is that most matters settle, and that owners with well supported independent valuations settle better than those without.
Can I testify about what my property is worth
In most jurisdictions an owner may give an opinion of the value of their own property. It carries some weight and much less than a supported expert valuation.
What does it cost to go to trial
Substantially more than settling. Expert fees, deposition costs and legal fees all accumulate, and in most states you bear your own. This is why the fee shifting question matters.
How long does it take
From filing to trial, commonly six months to two years depending on the court and the complexity.
Not sure what to do next
Most owners are reacting to a document they did not expect. Working through it in order is easier than it looks.