Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?

  1. Law
  2. CFR 41
  3. Public Contracts and Property Management
  4. Federal Property Management Regulations System
  5. Federal Management Regulation
  6. Real Property
  7. Real Estate Acquisition
  8. Acquisition by Purchase or Condemnation
  9. Litigation Expenses
  10. Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?

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§ 102-73.300 Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?

Federal agencies must pay reasonable expenses for attorneys, appraisals, and engineering fees that a property owner incurs because of a condemnation proceeding, if any of the following are true:

(a) The court's final judgment is that the Federal agency cannot acquire the real property by condemnation.

(b) The Federal agency abandons the condemnation proceeding other than under an agreed-on settlement.

(c) The court renders a judgment in the property owner's favor in an inverse condemnation proceeding or the Federal agency agrees to settle such proceeding.


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