SEC. 6. IF A COURT DETERMINES THAT GOVERNMENT ACTION BY A DEPARTMENT OR AGENCY RESULTED IN A CONSTITUTIONAL TAKING OF PRIVATE REAL PROPERTY AND THAT THE DEPARTMENT OR AGENCY DID NOT COMPLY WITH SECTION 4 IN REGARD TO THE REAL PROPERTY, THE COURT SHALL ORDER THE DEPARTMENT OR AGENCY TO PAY THE PRIVATE REAL PROPERTY OWNER FOR HIS OR HER REASONABLE ATTORNEY FEES AND COSTS. THIS SECTION DOES NOT APPLY IF THE GOVERNMENT ACTION WAS AN IMMEDIATE RESPONSE TO AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY AS DESCRIBED IN SECTION 5.

What triggers attorney fees? Both eminent domain and an inverse condemnation

What exception did they add? Attorney fees are not triggered if the action was an immediate response to an immediate threat of public health and safety.

Michigan HB 4070 (2017)