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2017 Code of Alabama
Title 18 - EMINENT DOMAIN.
Chapter 1A - EMINENT DOMAIN GENERALLY.
Article 13 - Dismissal and Abandonment.
Section 18-1A-232 - Award of litigation expenses.
Universal Citation: AL Code § 18-1A-232 (2017)
Section 18-1A-232Award of litigation expenses.
(a) The court shall award the defendant his litigation expenses, in addition to any other amounts authorized by law, if the action is wholly or partly dismissed for any reason.
(b) If the scope of the property to be taken is reduced as the result of (1) a partial dismissal, (2) a dismissal of one or more plaintiffs, or (3) a final judgment determining that the plaintiff cannot take part of the property originally sought to be taken, the court shall award the defendant the portion of his litigation expenses attributable to the property within the scope of the reduction.
(c) Costs and litigation expenses authorized by this section may be claimed, taxed, and awarded under the same procedures that apply to costs in other civil actions.
(Acts 1985, No. 85-548, p. 802, §1303.)
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