Section 523.259

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 523

Effective - 28 Aug 2006   

  523.259.  Abandonment of condemnation, remedies — applicability. — 1.  If any condemning authority abandons a condemnation, each owner of interests sought to be condemned shall be entitled to recover:

  (1)  Their reasonable attorneys' fees, expert expenses and costs; and

  (2)  The lesser of:

  (a)  The owner's actual damages accruing as a direct and proximate result of the pendency of the condemnation if proven by the owner; or

  (b)  The damages required to be paid to an owner in the event of an abandonment under the terms of the applicable redevelopment plan or agreement.  

­

In the event that the applicable redevelopment plan or agreement is silent as to damages required to be paid to an owner in the event of an abandonment, a court shall order the condemning authority to pay the owner's actual reasonable attorneys' fees and expenses, and shall award damages accruing as a direct and proximate result of the pendency of the condemnation if proven by the landowner.

  2.  The provisions of this section shall only apply to redevelopment plans or agreements entered into after December 31, 2006.

­­--------

(L. 2006 H.B. 1944)