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Complaint to Verdict: Timeline of Condemnation Litigation

Complaint to Verdict: Timeline of Condemnation Litigation. Justin Kidd Note: The opinions expressed here are my own opinions – not those of the Attorney General or Department of Justice. What is My Attorney Doing?. Review the Packet File Complaint Discovery Negotiation Trial Prep Trial.

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Complaint to Verdict: Timeline of Condemnation Litigation

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  1. Complaint to Verdict: Timeline of Condemnation Litigation Justin Kidd Note: The opinions expressed here are my own opinions – not those of the Attorney General or Department of Justice.

  2. What is My Attorney Doing? • Review the Packet • File Complaint • Discovery • Negotiation • Trial Prep • Trial

  3. Reviewing the Packet • Timelines • Diary of Contacts • Proper Parties • Highest Written Offer? • Does the Appraisal Match the Offer?

  4. Singh Compliance • “We agree… plaintiff’s offer was insufficient [under] ORS 35.346 because the offer’s valuation …rested on assumptions made by the appraiser that were not included in the proposed real property agreement.” • Translation: Appraiser’s Assumptions Term of Offer

  5. Appraiser’s Assumptions • “The project will [construct fencing, restore landscaping, etc.]” • “Access to the parcel will be [x]” • “The project will actually use the temporary easement for only [x] months.” • “The project will not disturb improvements within the temporary easement area.”

  6. Filing the Complaint • Timelines matter. • 40-day requirement • Changes in ownership (Pilothouse) • Complaint terms must match the offer terms Appraisal Offer Offer Complaint

  7. Discovery • Document Production • Check your email • Check your contractors • Depositions • Public Records Requests

  8. Negotiations • Negotiations Arenas • Offers of Compromise • Telephone Negotiations • Mediations/Settlement Conferences

  9. Trial Prep • Themes • Experts • Exhibits • Witness Preparation

  10. Trial • Legal Wrangling • Putting on the Play

  11. Questions? Justin Kidd 503.947.4700 Justin.kidd@doj.state.or.us

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