12-1130. Fees and expenses; appraisal;
relocation benefits; applicability
A. In a proposed condemnation action if an owner-occupant of a residential property
disagrees with the offer and appraisal, the owner-occupant may obtain a second appraisal
from an appraiser who is on the approved list that is maintained by the governmental
entity and the governmental entity shall pay for the second appraisal.
B. Before filing an eminent domain action, the governmental entity shall provide to
the owner-occupant all appraisals of the property that the governmental entity obtains.
C. Any governmental entity that acquires owner-occupied residential property by
condemnation or threat of condemnation shall provide the owner-occupant with a
determination of relocation benefits in an amount that allows the owner-occupant to
purchase a comparable replacement dwelling as provided under applicable relocation law.
D. In a condemnation action to acquire owner-occupied residential property, the
court may award fees and other expenses to any party other than this state or a city,
town or county or any other political subdivision of this state. In making the
determination, the court may consider the amount of the difference between the final
offer and the compensation awarded, the percentage of the difference between the final
offer and the award and any other factors the court deems appropriate. For the purposes
of this subsection, "fees and other expenses" means the reasonable expenses of expert
witnesses, the reasonable cost of any study, analysis, engineering report, test or
project that the court finds to be directly related to and necessary for the presentation
of the party's case and reasonable and necessary attorney fees.
E. This section does not apply to actions for acquisition of property for public
safety, transportation, flood control or utility purposes.
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