ID S1309

Courts may award property owners reasonable costs, disbursements, and expenses including attorney, appraisal, and engineering fees if an eminent domain proceeding is unsuccessful or abandoned by the department, political subdivision, or agency.

When a condemning authority amends a project after filing and serving the condemnation complaint, the court must award the property owner costs for legal work and expert fees rendered moot by the amendment upon the owner's motion.

Four factors guide courts in determining if property owner costs are directly related to a moot amendment: communications about modifications, disclosure of expert reports, reasonableness of both parties' negotiations, and whether claimed costs actually caused the amendment.

Costs awarded by the court on a moot amendment motion must be paid by the condemning authority within 60 days after the court rules and before the case concludes.

When an amendment is agreed to as part of a settlement agreement, the condemning authority is not required to pay the owner's costs unless the parties explicitly agree to such payment as part of the settlement.