Real Estate & Property Law

Attorney Fees Upon Dismissal

By Alan Ackerman

    The Milwaukee Journal Sentinel properly noted that a 94 year old owner whose family had maintained the property since the 1880s faced a simple condemnation only because the nearby developer thought that a farm near a business park would be 'blighting'.  The only thing that was blighted about the farm was the nearby developer simply did not control the property's use.
    One of the problems with dismissals or withdrawals of condemnations is that courts will only require the government to pay attorney fees if there is a specific statute supporting the payment.  In some jurisdictions, payment is only available after a withdrawal from the case after trial.  In other jurisdictions,  the initial payment point is when the good faith written offer is presented to the owners.  In many jurisdictions, attorney fees are not paid to the owners even if the case is dismissed or the process is withdrawn by the condemning agency.

JSOnline

Oak Creek - The Common Council, which was hit by a storm of denunciation after it considered using eminent domain to acquire a 94-year-old farmer's property, will be asked Tuesday to pay the man's $9,081 legal bill.

The request comes from Michael Shober, the attorney who represents Earl Giefer.

Giefer's family has said it has no interest in selling the farm at 10523 S. Howell Ave., which has been in family since the 1800s.

City officials had argued that the 25-acre property would impede plans for a business park nearby and believe the farm qualifies as blighted.

The council decided June 1 to stop discussions of the possible use of eminent domain.

Full post as published by National Eminent Domain Blog on July 27, 2010 (boomark / email).