State Highway Commission v. Kendrick

This is a proceeding brought by the State Highway Commission to condemn land in Hood River county in connection with the widening of the Columbia River highway. The case was tried to a jury which fixed the damages to be paid defendants. Thereafter the judge held a hearing and fixed the attorney’s fee to be allowed the defendants pursuant to ORS 366.380(9). ① Judgment was then entered condemning the property for public purposes. The state appealed from the judgment in its entirety but challenges only the amount of the attorney’s fee allowed.

The defendants demanded $17,500 for the property…