Appraisals, appeals from compensation amounts, and attorney fees in condemnation proceedings

This bill provides that in any subsequent appeal, the owner may use only the appraisal received from the condemnor or the appraisal submitted to the owner, as described above.

2. Current law authorizes a property owner to appeal to the condemnation commission or circuit court the amount of compensation agreed to by the owner in cases where acquisition of the property occurred as the result of a negotiated settlement. The appeal must be filed within six months after the conveyance is recorded.

This bill eliminates this provision. The property owner retains the right to refuse a negotiated settlement and appeal the amount of a subsequent condemnation award.

3. Under current law, court costs must be allowed in any condemnation proceeding except in certain circumstances. The court must award litigation expenses (a higher amount that includes reasonable attorney, appraisal, and engineering fees) to the condemnee if the award of the condemnation commission or a jury verdict exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 and at least 15 percent.

This bill provides that if the award of the condemnation commission meets that condition, reasonable attorney fees are limited to an amount equal to one-third of the amount of that award. The bill also provides that if the condemnee appeals the award of the condemnation commission, and the jury verdict meets that standard or exceeds the award of the condemnation commission by at least $700 and at least 15 percent, reasonable attorney fees are limited to an amount equal to one-third of the difference between the award of the condemnation commission and the jury verdict.