12-1135

12-1135. Attorney fees and costs

(Caution: 1998 Prop. 105 applies)

A. A property owner is not liable to this state or any political subdivision of
this state for attorney fees or costs in any eminent domain action or in any action for
diminution in value.

B. A property owner shall be awarded reasonable attorney fees, costs and expenses
in every eminent domain action in which the taking is found to be not for a public use.

C. In any eminent domain action for the purpose of slum clearance and
redevelopment, a property owner shall be awarded reasonable attorney fees in every case
in which the final amount offered by the municipality was less than the amount
ascertained by a jury or the court if a jury is waived by the property owner.

D. A prevailing plaintiff in an action for just compensation that is based on
diminution in value pursuant to section 12-1134 may be awarded costs, expenses and
reasonable attorney fees.