Justia Real Estate & Property Law Opinion Summaries

Appellee, the City of Russelville (City), filed a complaint in November, 2008, that sought to condemn a property which fronts a public roadway in order to improve the surrounding drainage and flood control mechanisms. The property was owned by Appellant, the Lois Marie Combs Revocable Trust (Trust). The circuit court issued an eminent domain order to take possession of the property in December 2009 and a jury awarded the Trust compensation for the taking in June 2010. The Trust asked the court to award it the mandatory attorneyâs fees as set out in the state law that governs condemnation proceedings. The court ruled that the Trust had not brought the case and it was, therefore, not entitled to fees. The Trust appealed this decision to the Supreme Court alleging that any award of attorneyâs fees as a result of an eminent domain or condemnation action balances on the land use categorization of the property at the time it was condemned. Attorney fees had been, previously, awarded in similar cases where the government taking was deemed to involve the improvement of public waterworks. The Trust argued that the improvement of a roadwayâs drainage and flood control mechanism was analogous to a waterworks project and it was, therefore, entitled to attorney's fees. The Supreme Court disagreed finding that the primary reason for this eminent domain action by the City was for road improvement and not the improvement of the City's supply of drinking water. Subsequently, the Court held that the lower court correctly denied the Trustâs motion for attorneyâs fees.