2005 Idaho Code - 58-1104 — UNSUCCESSFUL OR ABANDONED EMINENT DOMAIN PROCEEDING -- AWARD OF LITIGATION EXPENSE

                                  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.