12-1129. Dismissal of condemnation action;
litigation expenses
A. If a plaintiff causes a condemnation action under this article to be dismissed
without prejudice before payment of the compensation and damages awarded the defendant by
the court or jury, the plaintiff shall not initiate any eminent domain proceeding with
respect to the same property for the same or a related project for at least two years
after the date of the verdict or judgment.
B. The court having jurisdiction of a condemnation action under this article shall
award the owner with any right to, title to or interest in the property that is the
subject of the action an amount that will reimburse the owner for the owner's reasonable
costs, disbursements and expenses, including reasonable attorney, appraisal and
engineering fees, actually incurred because of the condemnation proceeding if either of
the following occurs:
1. The final judgment is that the plaintiff cannot acquire the real property by
condemnation.
2. The proceeding is abandoned on a motion by the plaintiff.
C. If the proceeding is dismissed on a motion by the plaintiff because the parties
have agreed to settle the matter out of court, both parties shall pay their own costs,
disbursements and expenses, including reasonable attorney, appraisal and engineering fees
unless otherwise specified by the parties in the settlement agreement.
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