In-kind improvements for settlement purposes.
One aspect of eminent domain litigation that has always interested me is the notion that the government is usually acquiring land to build “something.” Thus, construction usually follows in the wake of a condemnation. In litigated cases, the construction frequently takes place during the valuation portion of matter. The interesting part to me is the interplay of the before-and-after condition rule of valuing condemnation claims, and the ability of the government to adjust the construction on the ground.
Frequently, the government can use its construction capability to give something to the landowner that benefits the remaining property but costs the government very little. I have had experience working with both landowners and government entities to make small adjustments to the construction phase of a public project to resolve cases. I’ve seen a government built driveway be the thing that changed the course of a lawsuit from going to trial to resolving at a mediation.
It is not always an adequate or appropriate way to help resolve a case. But like so many other areas of negotiation and mediation, if you can look outside of the box and try to bring in other items of value into play, it can speed along resolution.