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Appealing A Special Commission Award in Court
If after the special commission makes the award to the property owner and pipeline company, the property owner is dissatisfied with the results, they can appeal the decision in district or county court. The district court has the authority to determine all issues, including the authority to condemn property and the assessment of damages. Once appealed all evidence and information presented in the special commissions hearing is admissible, the property owner is given right to a brand new trial with evidence being submitted for the first time on court record. During the appeal one can select to have a trial with a jury if so predisposed. John T. Montgomery: Attorney At Law provides the knowledge and tools for a jury selection to procure a fair and just appeal for the property owner. Six juror's are allowed on the jury, and the judge must also sit as a juror.
During the appeal process, hiring a knowledgeable hometown attorney increases the property owners chances in court. Most pipeline companies are not from the towns in which the case is appealed, and therefore hire outside big city attorney's. The advantage of a hometown attorney cannot be understated, with the trial consisting of six jurors, an attorney from the community, like Attorney Montgomery, gives the property owner an edge ahead over some attorney from out of town. In general the special commission does not award the property owner a true "fair market" value for the condemned property. This makes the appeal process paramount to getting the compensation owed a property owner from pipeline companies. With the many legal loopholes pipeline companies will use it is important to have a knowledgeable attorney for trial as well as for the drafting of the pipeline agreement. At John T. Montgomery: Attorney At Law, we take pride in helping clients throughout trial and after with the drafting of the agreement to make sure all rights, compensation, and liberties are protected for land owners against pipeline companies.
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