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Real Estate/Development

Mar. 14, 2012

Award of litigation expenses rightfully allowed only after trial

Public agencies that are forced to file condemnation actions should not be penalized for settling before trial. By Mona M. Nemat of Best Best & Krieger LLP


By Mona M. Nemat


Public agencies are required to acquire property by negotiated acquisitions to the greatest extent possible. Not only does this make good sense, it makes good public policy. Why litigate when the result can be achieved through good faith negotiations? Taxpayer dollars are more appropriately spent constructing public projects than litigating condemnation trials. To the extent efforts at reaching a negotiated acquisition fail however, and an agency...

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