Bill Drafting. Eminent Domain Compensation. 2 Standards to trigger Attorney Fees.

Attorney fee standards in eminent domain statutes are either:

• reasonable attorney fees or costs
• attorney fees and costs “actually incurred” *

* Courts may find “Actually incurred” means invoiced and not actually paid.

The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.

TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Nebraska: Eminent Domain Fee Statute Only Requires Reimbursement Of Fees “Actually Incurred” (So Unsupported Claim Is Right Out)