Litigation support
Making a technical case visible
A fact finder who cannot picture what happened to the property will struggle to value it. Good exhibits are not decoration; they are often the most persuasive evidence in the case.
What works
The exhibits that carry weight
Before and after aerial overlay
The taking drawn on a photograph of the actual property. The single most useful exhibit in most partial takings.
Cross sections at the boundary
Showing the finished grade against the remainder. Makes a grade separation claim immediately comprehensible.
Swept path drawings
A delivery vehicle entering and turning, before and after. Converts an access argument into something a juror can see.
Comparable sales map
Where the comparables are, in relation to the subject. Supports or quietly undermines a sales comparison analysis.
Site photographs, dated
What the property was, before construction changed it. Nothing replaces them and they cannot be made later.
Valuation summary board
The before value, the after value and the difference, with the components identified.
Principles
What separates a useful exhibit from a cluttered one
One idea per exhibit. An overlay showing the taking should show the taking, not also the comparables, the zoning and the drainage. A juror given four messages retains none.
Use the real property. Generic diagrams explain a concept; a photograph of this driveway, this frontage, this building shows the fact finder the thing they are being asked to value.
Keep the scale honest. Exaggerated vertical scale on a cross section is a standard technique and a standard cross examination, and losing credibility on an exhibit costs more than the exhibit gains.
Build exhibits with the expert, not for them. An exhibit the witness did not help prepare is one they will be hesitant to defend, and hesitation is visible.
Questions about exhibits
Who prepares them
Usually the expert, sometimes with a graphics specialist. What matters is that the expert can explain how each one was made and vouch for its accuracy.
Are animations or renderings useful
Occasionally, and they attract admissibility challenges that static exhibits do not. A clear cross section is usually more persuasive and far less contestable.
When should exhibit preparation start
Earlier than most people do it. Several of the best exhibits, particularly photographs of the property before construction, cannot be created after the fact.
Do exhibits matter at a commission hearing
Yes, though less than with a jury. Commissioners are usually more familiar with property, so exhibits can be more technical and still land.
The expert decides the number more often than the argument does
In condemnation the facts in dispute are technical. Who presents them, and how well, is usually what the case turns on.