Zausmer shareholders Mischa Boardman and Devin Sullivan recently presented to a large and very engaged group of attendees at the International Right of Way Association Fall Education Seminar (Michigan Chapter) in Bay Harbor, Michigan.
In their educational session entitled “Judges Have the Final Say on How to Value Easements,” Mischa and Devin discussed a judge’s role in deciding what evidence a jury hears before rendering a verdict in an eminent domain case involving just compensation.
As in any jury trial, the judge’s role is to be a gatekeeper and determine the final body of evidence presented to the jury. These determinations can make or break a case. While attorneys and appraisers have their own opinions on how to value takings, including easements, it is the judge who decides whether expert opinions and other evidence can be introduced to a jury.
Supplementing reported Michigan case law with their own extensive litigation experiences, Mischa and Devin discussed a number of evidentiary rulings and intricacies in this area of the law.