58-1104 UNSUCCESSFUL OR ABANDONED EMINENT DOMAIN PROCEEDING -- AWARD OF LITIGATION EXPENSE. - Idaho Statutes

TITLE 58

PUBLIC LANDS

CHAPTER 11

REAL PROPERTY ACQUISITION

58-1104. Unsuccessful or abandoned eminent domain proceeding -- Award of litigation expense. Should the court having jurisdiction of an eminent domain proceeding brought by the department, a political subdivision, or an agency seeking condemnation of an owner’s property render judgment that the department, political subdivision, or agency may not acquire the property by condemnation or should the proceeding be abandoned by the department, political subdivision, or agency, the court may award or the department, political subdivision, or agency may pay the owner of the real property such sum as will in the opinion of the court or the department, political subdivision, or agency reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceeding.