City of Benton v. Alcoa Road Storage, Inc.

Summary

The Arkansas Supreme Court held that Arkansas Code Annotated section 18-15-307(c) does not authorize an award of attorneys’ fees against a municipality in a condemnation proceeding. It also held that the statute does not permit recovery of expert-witness fees incurred by the landowner in establishing just compensation. The court reversed the attorneys’ fee award and affirmed the denial of expert-witness fees.

Holdings

1. Arkansas Code Annotated section 18-15-307(c) does not authorize an award of attorneys' fees against a municipality in a condemnation proceeding because attorneys' fees are not ordinarily included within statutory costs and are not expressly provided for.
2. Expert-witness fees incurred by a landowner to establish the amount of just compensation are not costs occasioned by the assessment under section 18-15-307(c), absent statutory authority expressly allowing their recovery.

Questions Presented

1. Whether the phrase "costs occasioned by the assessment" in Arkansas Code Annotated section 18-15-307(c) authorizes an award of attorneys' fees against a municipality in a condemnation proceeding.
2. Whether expert-witness fees incurred by a landowner to establish the calculation of just compensation constitute costs occasioned by the assessment under Arkansas Code Annotated section 18-15-307(c).

Disposition

other