Real Estate/Development
Mar. 9, 2012
Court clarifies rules for litigation expenses in eminent domain
A recent 3rd Circuit decision makes clear that recovery of litigation costs requires an actual trial. By Bradford B. Kuhn and Rick E. Rayl of Nossaman LLP
Shortly before an eminent domain trial, a government agency and a property owner exchange a statutory final offer and final demand. The statute's sole purpose is to encourage settlement before trial, providing a carrot (to the property owner) and a stick (to the condemning agency). If the matter fails to settle before trial, the owner can seek an award of litigation expenses (i.e. attorney fees and expert costs) if the co...
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