Summary as introduced:
Eminent domain; litigation expenses. Authorizes a court, in its discretion, to award reasonable fees for attorneys, appraisers, and other experts incurred in condemnation litigation if the amount of compensation awarded exceeds the condemnor's highest written offer by 15 percent or more. In determining the amount of such fees to be awarded, the court is to consider, among such other factors as it deems relevant, the benefit provided to the condemnee by any of the professional or expert witnesses for whom the litigation expenses were incurred. In determining whether to make an award, the court may consider (i) the extent that the condemnee engaged in conduct that unduly and unreasonably protracted the final resolution of the action; (ii) whether the position of the condemnor was substantially justified; and (iii) whether special circumstances make the award of litigation expenses unjust.
This bill was recommended by the Joint Subcommittee Studying Eminent Domain Issues.Full text:
01/10/01 Senate: Presented & ordered printed, prefiled 01/10/01 010006468 pdf
01/10/01 Senate: Presented & ordered printed, prefiled 01/10/01 010006468
01/10/01 Senate: Referred to Committee for Courts of Justice
01/24/01 Senate: Passed by indefinitely in C. J. (9-Y 6-N)