Real Estate & Property Law

HAWSCT: Property Owners Entitled To Attorneys Fees & Costs On Appeal

By Robert Thomas (inversecondemnation.com)

In the latest reported decision arising out of the County of Hawaii's attempt to take property, the Hawaii Supreme Court held that a condemnee who appeals the denial of damages for a failed taking is entitled to damages it sustains on appeal.  In County of Hawaii v. C&J Coupe Family Ltd. P'ship, No. 28822 (Apr. 21, 2009), the court that a property owner is entitled to be made economically whole pursuant to Haw. Rev. Stat. § 101-27, including the reasonable attorneys fees and costs it incurs on appeal.  The court noted (see slip op. at 13 n.6) that the hourly rate and hours spent are deemed reasonable unless the condemnor specifically objects. The court also held that a post-judgment application to the appellate clerk under Haw. R. App. P. 39 is the proper method to recover damages sustained in the appeal.

This decision follows up on County of Hawaii v. C&J Coupe Family Ltd. P?ship, 119 Haw. 352, 198 P.3d 615 (Dec. 24, 2008) (posted here), in which the court held that property is not "finally taken" in a condemnation action when a single condemnation fails or is dismissed, even if the condemnor succeeds in a subsequent -- or concurrent -- attempt to take the property.

Disclosure: we represent the property owner in these cases.

Full post as published by inversecondemnation on April 22, 2009 (boomark / email).