City of Siloam Springs v. La-De LLC

In 2014, the City of Siloam Springs filed a second amended complaint for condemnation of land and order of immediate possession of property owned by Appellees. The complaint alleged that the amount of $13,950 would be just compensation for the taking. Appellees denied that $13,950 was just compensation. A jury rendered a verdict in favor of Appellees, concluding that they were entitled to just compensation in the amount of $22,253. Appellees subsequently filed a motion for attorney’s fees, alleging that their property had been taken by the State through the Arkansas State Highway Commission and that they were entitled to attorney’s fees under Ark. Code Ann. 27-67-317(b). The trial court entered a judgment in favor of Appellees and awarded attorney’s fees and expenses. The Supreme Court reversed, holding (1) the City in this case proceeded under its authority as a municipality in exercising eminent domain over the property; and (2) there is no statutory authority for an award of attorney’s fees against a municipality in a condemnation proceeding. View "City of Siloam Springs v. La-De LLC" on Justia Law