Navigating a jury trial in an eminent domain case can feel like a high-stakes gamble. The unpredictability and inherent risks make it a daunting process for both litigants and their counsel. That is why it is important to have legal counsel who have experience both in eminent domain cases and in the courtroom.
A jury trial is often compared to legalized gambling. The outcome is uncertain, and the stakes are high. Litigants bet on the hope that the jury will view their side more favorably. This gamble is compounded by the need for a unanimous or supermajority decision from a group of strangers with diverse backgrounds and perspectives.
It is important for your eminent domain attorney to understand the specific rules and procedures of your jurisdiction. These rules can vary significantly between states, between state and federal courts, and sometimes even between different counties within a state. For example, North Carolina state courts use a twelve-juror system, whereas federal courts may have six to twelve jurors or, in some instances, the federal court may appoint commissioners in lieu of a jury.
While the risks of a jury trial are significant, understanding jurisdictional nuances and effective jury selection can improve your odds. Through thorough preparation and dogged resolve, owners and their counsel can still fight city hall and prevail. Moreover, sometimes, the greatest risks bring the greatest rewards.
This article has been adapted from its original form, which was presented at the 2025 American Law Institute’s National Eminent Domain and Land Valuation Conference 101 Program. For over 40 years, The ALI-CLE Eminent Domain and Land Valuation Conference has been a premier event for eminent domain practitioners nationwide, offering valuable perspectives on evolving legal trends and litigation strategies.
