A Condemnation Jury
The property owner has the right to choose between a judge, a jury of property owners, and a panel of commissioners to determine the amount of just compensation that the condemning authority owes the property owner for taking his or her property and damaging the value of the remainder.
Each circuit court has a jury commissioner responsible for providing to the court and parties to the condemnation a random list of real property owners from the city or county who qualify to serve on a condemnation jury. The circuit court will summon a panel of potential jurors from the random list of owners. Through a process of questioning potential jurors, called voir dire, the court and the attorneys for the property owner and the condemning authority will ultimately decide on thirteen impartial jurors from whom the property owner and the condemning authority will select five. The property owner and the condemning authority will each have the right to strike four potential jurors from the panel of thirteen. The five remaining potential jurors will serve as the condemnation jury.
If the property owner elects to have just compensation determined by commissioners, the property owner and the condemnor submit a list of individuals they believe to be qualified to serve as commissioners, and the court selects two commissioners from each party's list and then randomly selects a fifth commissioner from either party's list.
Unlike other civil juries, condemnation juries and commissioners are empowered to act with a majority. Hence, any three of the condemnation jurors or commissioners have the power to decide the amount of just compensation the condemnor owes the property owner.
The property owner has the right to choose between a judge, a jury of property owners, and a panel of commissioners to determine the amount of just compensation that the condemning authority owes the property owner for taking his or her property and damaging the value of the remainder.
Each circuit court has a jury commissioner responsible for providing to the court and parties to the condemnation a random list of real property owners from the city or county who qualify to serve on a condemnation jury. The circuit court will summon a panel of potential jurors from the random list of owners. Through a process of questioning potential jurors, called voir dire, the court and the attorneys for the property owner and the condemning authority will ultimately decide on thirteen impartial jurors from whom the property owner and the condemning authority will select five. The property owner and the condemning authority will each have the right to strike four potential jurors from the panel of thirteen. The five remaining potential jurors will serve as the condemnation jury.
If the property owner elects to have just compensation determined by commissioners, the property owner and the condemnor submit a list of individuals they believe to be qualified to serve as commissioners, and the court selects two commissioners from each party's list and then randomly selects a fifth commissioner from either party's list.
Unlike other civil juries, condemnation juries and commissioners are empowered to act with a majority. Hence, any three of the condemnation jurors or commissioners have the power to decide the amount of just compensation the condemnor owes the property owner.
