Division of Administration, State Department of Transportation v. Decker

SCHEB, Judge.

The Department of Transportation (DOT) challenges the trial court’s order awarding the defendants, Carl and Dora Shepard, attorneys’ fees prior to conclusion of the proceedings in a condemnation action. We reverse.

In 1978 the DOT filed an eminent domain proceeding to condemn lands for a road project. DOT sought to acquire from defendants a temporary easement “for the period of construction ... [to] expire upon the completion of the construction of the said road project.” The trial court entered an order of taking granting DOT the right of possession of the easement. Subsequently,…