41 C.F.R. § 102-73.300   Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?


Title 41 - Public Contracts and Property Management


Title 41: Public Contracts and Property Management
PART 102–73—REAL ESTATE ACQUISITION
Subpart C—Acquisition by Purchase or Condemnation
Litigation Expenses


§ 102-73.300   Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?

Federal agencies must pay reasonable expenses for attorneys, appraisals, and engineering fees that a property owner incurs because of a condemnation proceeding, if any of the following are true:

(a) The court's final judgment is that the Federal agency cannot acquire the real property by condemnation.

(b) The Federal agency abandons the condemnation proceeding other than under an agreed-on settlement.

(c) The court renders a judgment in the property owner's favor in an inverse condemnation proceeding or the Federal agency agrees to settle such proceeding.




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