Online Publications

See some of Saul Fenchel's eminent domain articles covering various subjects in Eminent Domain Condemnation.

Can I recover the attorney fees and the costs of litigation?

Print PDF

Where the condemnation award is "substantially in excess of the amount of the condemnor's proof", the court, "in its discretion", may award as additional compensation all the disbursements and expenses, including reasonable attorney, appraiser and engineer fees actually incurred. An application for such fees is made at the end of the case. In settlement negotiations, the right to reimbursement of the legal and expert fees becomes an important aspect of the negotiation and is usually reflected (in whole or in part) in the settlement amount.

Back to FAQ list