42A-1-25. Litigation expenses.
98 words·~1 min read·
/nm/chapter-42a-condemnation-proceedings/article-1-general-provisions/42a-1-25·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The court shall award the condemnee his litigation expenses whenever:
(1)the condemnor has abandoned the condemnation proceeding;
(2)the condemnation proceeding has been dismissed for any reason except when a bona fide settlement has been reached; or
(3)there is a final determination that the condemnor does not have a right to take the property sought to be acquired in the condemnation proceeding.
B. Before awarding litigation expenses pursuant to this section, the court shall review the reasonableness of such expenses and fees.
History: 1978 Comp., § 42A-1-25, enacted by Laws 1981, ch. 125, § 21.