48-5306. Court; fees

154 words·~1 min read·/az/title-48/48-5306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In addition to any costs that are awarded as prescribed by statute, a court shall award fees of not more than ten thousand dollars and other expenses to any party, other than this state or a city, town or county, on the merits in an action brought by the party against the authority to challenge right-of-way actions conducted by or on behalf of the authority.

B. In determining the award provided for in this section, the court shall deny or reduce the award if it finds that any of the following applies:

1. During the course of the proceeding the beneficiary of the award unduly and unreasonably protracted the final resolution of the matter.

2. The award is attributable to an intervening change in the applicable law.

3. The beneficiary of the award refused an offer of civil settlement that was at least as favorable to the party as the relief ultimately granted.