Frost v. Cedar County Board of Supervisors Ex Rel. Cedar County

MOORE, Justice.

The sole question on this appeal is whether attorney fees are allowable in county condemnation proceedings instituted under section 306.21 et seq., Code, 1966, when the amount of damages is increased on appeal to the district court. The trial court denied plaintiffs’ motion for such an allowance. Plaintiffs have appealed. We affirm.

The facts are not in dispute. Defendant County caused 0.731 acres of plaintiffs’ land to be condemned for the purpose of constructing shoulders on the secondary road adjacent to plaintiffs’ farm. On plaintiffs’ appeal the district court jury fixed…