Section 905 – Court award for court costs and attorney fees, relocation expenses, and damage to fixtures or personal property.

Effective 5/10/2016
17C-1-905. Court award for court costs and attorney fees, relocation expenses, and damage to fixtures or personal property.
In an eminent domain action under this part, the court may award:

• (1) costs and reasonable attorney fees to the condemnee if the amount of the court or jury award for the property exceeds the amount offered by the agency;

• (2) a reasonable sum, as determined by the court or jury, as compensation for any costs or expenses relating to relocating:
  • (a) an owner who occupied the acquired property;
  • (b) a party conducting a business on the acquired property; or
  • (c) a person displaced from the property, as permitted by Title 57, Chapter 12, Utah Relocation Assistance Act; and

• (3) an amount to compensate for any fixtures or personal property that is:
  • (a) owned by the owner of the acquired property or by a person conducting a business on the acquired property; and
  • (b) damaged as a result of the acquisition or relocation.

Renumbered and Amended by Chapter 350, 2016 General Session