Provides that defendant in condemnation action may not recover attorney fees from condemner unless amount of just compensation assessed by verdict exceeds highest written settlement offer submitted by condemner before filing of action. Provides that defendant in condemnation action may not recover attorney fees from condemner unless amount of just compensation assessed by verdict exceeds highest written settlement offer submitted by condemner before filing of action.
Allows condemner to make offer of compromise to defendant in condemnation action after filing of action and not less than 10 days before trial. Requires court, if defendant accepts offer and if offer does not specifically indicate otherwise, to give judgment to defendant for amount of costs and disbursements, attorney fees and other costs incurred before offer. Provides that, if defendant rejects offer and fails to obtain judgment more favorable than offer, defendant may not recover costs, prevailing party fees, disbursements or attorney fees that were incurred on or after date of offer, that defendant shall recover costs and disbursements, attorney fees and expenses incurred before date of offer, and that condemner shall recover costs and disbursements incurred by condemner after service of offer.]
Allows condemner to serve offer of compromise to defendant in condemnation action not less than 10 days before trial. Requires court, if defendant accepts offer under specified circumstances, to give judgment to defendant for amount of specified litigation costs incurred before service of offer. Provides, if defendant rejects offer and fails to obtain judgment more favorable than offer, that defendant may not recover specified litigation costs incurred on or after service of offer, that defendant will recover specified litigation costs incurred before service of offer and that condemner will recover specified litigation costs incurred on or after service of offer.
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SB 794
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