Motion for Jury Trial in Condemnation

MOTION FOR JURY TRIAL IN CONDEMNATION PROCEEDING

IN THE [________________________________] COURT

[________________________________] COUNTY, STATE OF [________________________________]

[CONDEMNING AUTHORITY NAME],
Plaintiff/Petitioner,

v.

[________________________________],
Defendant/Property Owner(s),

Case No.: [________________________________]

Parcel No.: [________________________________]

PROPERTY OWNER'S DEMAND AND MOTION FOR JURY TRIAL

COMES NOW the Defendant/Property Owner, [________________________________] ("Owner"), by and through undersigned counsel, and hereby demands a trial by jury and moves this Court for an Order setting this matter for jury trial on all issues triable by jury. In support thereof, Owner states as follows:

I. INTRODUCTION

1. This is a condemnation action in which [________________________________] ("Condemnor") seeks to acquire Owner's property located at [________________________________] for the [________________________________] project.

2. Owner hereby demands, pursuant to the [State] Constitution, applicable statutes, and court rules, a trial by jury on all issues properly triable by jury in this condemnation proceeding.

II. CONSTITUTIONAL AND STATUTORY BASIS FOR JURY TRIAL

A. Constitutional Right to Jury Trial

The right to a jury trial in eminent domain proceedings is guaranteed by:

☐ State Constitutional Provision

[State] Constitution, Article [____], Section [____], provides: "[________________________________]"

☐ Seventh Amendment (if applicable in state court)

The Seventh Amendment to the United States Constitution preserves the right to trial by jury in suits at common law.

B. Statutory Right to Jury Trial

☐ [State] Code Section [________________________________] provides that "[________________________________]"

☐ [State] Rules of Civil Procedure, Rule [____], provides for jury trial in condemnation actions.

III. ISSUES FOR JURY DETERMINATION

Owner demands a jury trial on the following issues:

A. Just Compensation

☐ Fair Market Value of Property Taken

The jury should determine the fair market value of the property being taken, including:
- Land value
- Value of improvements
- Value of fixtures
- Other compensable interests

☐ Severance Damages

The jury should determine damages to any remainder property not taken, including:
- Diminution in value
- Loss of access
- Loss of visibility
- Configuration damages
- Proximity damages
- Cost to cure

☐ Business Damages / Loss of Goodwill (where permitted)

The jury should determine any compensable business damages, including loss of goodwill, to the extent permitted by [State] law.

☐ Temporary Construction Easement Damages

The jury should determine compensation for any temporary easements required for the project.

B. Other Triable Issues

☐ Date of Taking/Valuation

☐ Highest and Best Use

☐ Damages from Construction Activities

☐ Other: [________________________________]

IV. TIMELINESS OF DEMAND

This demand for jury trial is timely filed:

☐ Within [____] days of filing the Answer, as required by [Rule/Statute]
☐ Before the deadline established by Court Order dated [__/__/____]
☐ As the first request for jury trial in this matter
☐ Other: [________________________________]

V. JURY TRIAL FEE

☐ The required jury trial fee of $[____________] is submitted herewith.
☐ The jury trial fee has previously been paid.
☐ Owner requests waiver of the jury fee based on indigency.

VI. ESTIMATED TRIAL TIME

Owner estimates that the jury trial will require approximately [____] days, based on:

• ☐ Number of expert witnesses: [____]
• ☐ Number of fact witnesses: [____]
• ☐ Complexity of valuation issues
• ☐ Number of parcels involved: [____]
• ☐ Other factors: [________________________________]

VII. CASE MANAGEMENT CONSIDERATIONS

A. Proposed Pretrial Schedule

B. Bifurcation Request (if applicable)

☐ Owner requests that the following issues be tried separately:
- Phase 1: [________________________________]
- Phase 2: [________________________________]

C. Special Jury Instructions

☐ Owner anticipates requesting special jury instructions regarding:
- ☐ Fair market value standard
- ☐ Highest and best use
- ☐ Severance damages
- ☐ Project influence rule
- ☐ Other: [________________________________]

VIII. JURY SIZE AND COMPOSITION

Pursuant to [State law/rule], Owner requests:

☐ A jury of [____] persons (standard civil jury)
☐ A jury of [____] persons (as provided by [statute] for condemnation cases)
☐ Unanimous verdict required
☐ [____] of [____] verdict permitted

IX. LEGAL AUTHORITY

A. Right to Jury Trial in Eminent Domain

The right to have a jury determine just compensation in eminent domain proceedings has deep historical roots. [Include relevant state case law and constitutional provisions]

Key Cases:

• [________________________________]
• [________________________________]
• [________________________________]

B. Scope of Jury's Role

The jury's role in condemnation cases includes:

1. Determining the fair market value of property taken
2. Assessing severance damages to remaining property
3. Evaluating conflicting expert testimony
4. Applying community standards of value

X. CONCLUSION

Owner has a constitutional and statutory right to have a jury determine just compensation for the taking of Owner's property. This demand is timely and properly made.

PRAYER FOR RELIEF

WHEREFORE, Owner respectfully requests that this Court:

1. ☐ Grant this Motion for Jury Trial;

2. ☐ Set this matter for jury trial on all issues of just compensation;

3. ☐ Enter a scheduling order providing adequate time for discovery and trial preparation;

4. ☐ Grant such other relief as the Court deems just and proper.

Respectfully submitted,

Attorney Signature: [________________________________]

Printed Name: [________________________________]

State Bar No.: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Attorney for Property Owner

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Motion for Jury Trial was served upon:

Condemnor's Attorney:

[________________________________]

[________________________________]

[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing/service
☐ By other means: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

ORDER GRANTING JURY TRIAL

(For Court Use)

IT IS HEREBY ORDERED that Defendant/Property Owner's Motion for Jury Trial is GRANTED.

This matter is set for jury trial on [__/__/____] at [____] a.m./p.m.

Jury of [____] persons.

☐ Additional orders: [________________________________]

DATED: [__/__/____]

_________________________________
Judge, [________________________________] Court

STATE-SPECIFIC JURY TRIAL RIGHTS

California

Cal. Code Civ. Proc. § 1260.210 guarantees right to jury trial on issue of compensation. Either party may demand jury. Six-person jury unless twelve requested.

Texas

Tex. Prop. Code § 21.013 provides for special commissioners to determine damages initially. Property owner may object and demand jury trial in county court within 20 days. Tex. Gov't Code § 25.0007.

Florida

Fla. Stat. § 73.071 provides for jury trial on compensation issues. Jury of 12 unless parties stipulate to fewer.

New York

Em. Dom. Proc. Law § 501 provides for court trial by default. Jury demand must be made in accordance with CPLR. Either party entitled to jury on compensation issues.

General Notes

• Deadline to demand jury trial varies by state (often 10-30 days from answer)
• Jury fee typically required
• Some states use commissioners or referees for initial determination
• Issues other than compensation may be decided by judge
• Check local rules for specific requirements

CHECKLIST FOR JURY TRIAL DEMAND

☐ Verified right to jury trial under state law
☐ Confirmed filing deadline
☐ Prepared and filed jury demand
☐ Paid jury fee (or requested waiver)
☐ Served all parties
☐ Calendared trial date
☐ Identified expert witnesses
☐ Prepared case management plan
☐ Researched applicable jury instructions

SAMPLE JURY INSTRUCTIONS (General)

Instruction No. ___: Fair Market Value

"Fair market value is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available."

Instruction No. ___: Just Compensation

"The Constitution requires that the property owner receive just compensation when property is taken for public use. Just compensation means the fair market value of the property taken, plus any damages to the remaining property that results from the taking."

This template is provided for educational and informational purposes only. Jury trial rights in eminent domain vary significantly by jurisdiction. Consult with a qualified attorney licensed in your state.