117.031 ATTORNEY FEES.
(a) If the final judgment or award for damages, as determined at any level in the eminent
domain process, is more than 40 percent greater than the last written offer of compensation made
by the condemning authority prior to the filing of the petition, the court shall award the owner
reasonable attorney fees, litigation expenses, appraisal fees, other experts fees, and other related
costs in addition to other compensation and fees authorized by this chapter. If the final judgment
or award is at least 20 percent, but not more than 40 percent, greater than the last written offer,
the court may award reasonable attorney fees, expenses, and other costs and fees as provided in
this paragraph. The final judgment or award of damages shall be determined as of the date of
taking. No attorney fees shall be awarded under this paragraph if the final judgment or award of
damages does not exceed $25,000. For the purposes of this section, the "final judgment or award
for damages" does not include any amount for loss of a going concern unless that was included in
the last written offer by the condemning authority.
(b) In any case where the court determines that a taking is not for a public use or is unlawful,
the court shall award the owner reasonable attorney fees and other related expenses, fees, and
costs in addition to other compensation and fees authorized by this chapter.
History: 2006 c 214 s 4