58-1105. ACTION BY OWNER FOR TAKING OF PROPERTY — AWARD OF EXPENSES OF LITIGATION. Should an owner of real property be required to bring an action against the department, a political subdivision, or an agency for the taking of real property by such department, political subdivision, or agency, and prevail in such action, the court may award, or the department, political subdivision, or agency may pay, the plaintiff such sum as will in the opinion of the court or the department, political subdivision, or agency reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.
History:
[58-1105, added 1971, ch. 158, sec. 5, p. 774.]
Structure Idaho Code
Chapter 11 - REAL PROPERTY ACQUISITION
Section 58-1101 - SHORT TITLE.
Section 58-1102 - DEFINITIONS.
Section 58-1104 - UNSUCCESSFUL OR ABANDONED EMINENT DOMAIN PROCEEDING — AWARD OF LITIGATION EXPENSE.
Section 58-1105 - ACTION BY OWNER FOR TAKING OF PROPERTY — AWARD OF EXPENSES OF LITIGATION.
Section 58-1106 - OWNER LEFT WITH UNECONOMIC OR LANDLOCKED REMNANT — ACQUISITION OF WHOLE TRACT.