State Highway Commission v. Clark

The statute provides that the landowner is entitled to an attorney’s fee unless the amount tendered to the landowner for the property, before the commencement of the action, is equal to or greater than the amount assessed by the jury for the same property.

In this proceeding the Commission never made a tender for the same parcel of property that was valued in the jury’s verdict. Or, conversely, the jury never valued the same parcel of property for which the Commission made a tender. Therefore, an attorney’s fee was correctly awarded the landowner.

The Commission tendered to all persons having…