A Dixon County NE jury responded to Dave Domina's arguments for a landowner
by dramatically increasing damages for land taken by a Natural Resources
District for a flood control project.
The Lewis & Clark NRD condemned about 30 acres of land owned by David
Armstrong of Newcastle, cutting his farm in half. Armstrong appealed and
asked that his damages be established by a jury.
David Domina opened the Armstrong case before the jury with evidence that
the taken land was adjacent to a 135 year-old site where Armstrong's
maternal grandmother's family lived in a dugout for their first couple
years as Nebraska immigrants from Ireland.
This evidence was followed with economic and appraisal evidence and family
testimony about the importance of the land taken and the depressed value
of the remaining parcel.
The 12-person jury responded to Domina's arguments by increasing the
original county board of appraiser's award by nearly 50%. Domina Law
Group's client will be entitled to recover attorney's fees and
appraiser's fees as a result of the significant increase in the award.