Goodwin v. Iowa State Highway Commission

McCORMICK, Justice.

We must decide in this appeal whether statutory damages allowable to a landowner when a condemnor abandons a condemnation are limited to damages incurred in the eminent domain proceeding. In this case the trial court interpreted Iowa Code section 472.34 (1981) as allowing damages incurred by landowners in attacking the project in collateral federal litigation. Upon the appeal by the Iowa State Highway Commission, now the Iowa Department of Transportation (DOT), we agree with the trial court’s interpretation of the statute but disallow a portion of the damages. We affirm in…