17C-2-603 - Court award for court costs and attorney fees, relocation expenses, and damage to fixtures or personal property.
17C-2-603. Court award for court costs and attorney fees, relocation expenses, anddamage to fixtures or personal property.
If a property owner brings an action in district court contesting an agency's exercise ofeminent domain against that owner's property, the court may:
(1) award court costs and a reasonable attorney fee, as determined by the court, to theowner, if the amount of the court or jury award for the property exceeds the amount offered bythe agency;
(2) award a reasonable sum, as determined by the court or jury, as compensation for anycosts and expenses of relocating an owner who occupied the acquired property, a partyconducting a business on the acquired property, or a person displaced from the property, aspermitted by Title 57, Chapter 12, Utah Relocation Assistance Act; and
(3) award an amount, as determined by the court or jury, to compensate for any fixturesor personal property that is:
(a) owned by the owner of the acquired property or by a person conducting a business onthe acquired property; and
(b) damaged as a result of the acquisition or relocation.
Enacted by Chapter 379, 2007 General Session