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What are Actual Costs and How to Contain Them

1/15/2016

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One must also consider the actual costs that may be incurred.  These are not attorney’s fees.  An example of some of the costs that may be incurred would be for exhibits (maps, drawings, photographs, etc.), and witness fees for the landowner’s witnesses (an appraiser, real estate professional, land planner, etc.).  Obviously, common sense must be used in incurring costs.  The cost is usually the only risk the landowner has in such cases.  For example, if the government’s appraisal and offer was $50,000 then the landowner knows he or she will get at least that much money.  Assuming the landowner and the landowner’s lawyer think they have a very reasonable chance of getting an additional $30,000 (with $18,000 going to the landowner), then it may be very reasonable for the landowner to invest $2,000 to $3,000 in incurred costs to take the chance on gaining the $18,000.  Some cases require more costs than others and should be discussed with the landowner’s lawyer.
 
One way that cost can be reduced is by sharing them with neighboring property owners who are being affected by the same project.  If a number of landowners in the same area are all having their property taken, then it may be very cost effective and cost saving for all of them to be represented by the same attorney.  When the attorney needs to spend money for aerial photographs, drawings, expert witnesses, or other exhibits, they can usually include all of the affected properties in one visit. This will result in cost saving for all of the landowners who have chosen to join together.  It is something to consider when several property owners in one area are being affected.  In the cases we have been involved in, where the landowners have joined together, we have seen savings for all of the landowners involved.

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