An Omaha jury awarded a West Dodge Street property owner $879,520 after
a four-day jury trial of a condemnation case in District Court, Douglas
County, Nebraska, in August 2005. The award is "a very significant
increase over the amount returned by the three-member County Court Appraisal
Board," Dave Domina said after trying the case.
The case, defended by the Nebraska Attorney General's Office, asked
jurors to review land sales activity in West Omaha's dynamic market
in an effort to determine the value of 9.56 acre parcel taken at an intersection
of West Dodge Road and a north-south Omaha street. The case is the first
of the takings cases by the Department of Roads to be tried to a jury
since the expansion of West Dodge Street to the Elkhorn River commenced.
Domina said, "Our property owner client considers the outcome a real
'win'. We are pleased the jury increased the amount of the County
Court award and must admit we were hopeful for an even larger increase."
The case's outcome entitles the property owner to recover appraiser's
fees and attorney's fees from the State in addition to the amount
of the award.