Legal Question in Real Estate Law in Illinois
Probability of settlements
I would like to know the probability of a eminent domain case being settled verses going to trial.
If that is too hard of a probability to determine, what is the general ratio of settlements vs. trials in legal cases.
Also, for cases that go to trail, how often are they appealed?
Thanks!
2 Answers from Attorneys
Re: Probability of settlements
There are to many varibles presented to provide any definate answers. Howerver, certainly these cases can be settled. In fact most of them are settled rather than go to trial. Like any settlement it is determined by the reasonableness of the parties. Also you need to find out whether the entity that wants to take your property has quick take powers. If they do then the pay what they think its worth... deposit in the court and then you argue if they were right. In the mean time they have your property. I can not give you ratios nor prospects on appeal, though my best guess is that unless the appraisers that testify at the trial are just dead wrong... the chances are not good.
Re: Probability of settlements
There is a high likelihood of settlement - generally, a majority of cases are settled prior to trial. As for the appeal, it's harder to say -depends who lost! A municipality would probably be more likely to appeal than an average person due to the expense involved.