Platte River Power Authority v. Nelson

METZGER, Judge.

In this condemnation action, the petitioner, Platte River Power Authority, appeals the trial court judgment awarding attorney fees to respondents (landowners). Platte River argues that the dismissal of the condemnation action failed to constitute a finding pursuant to § 38-1-122, C.R.S. (1988 Cum.Supp.) that Platte River was “not authorized by law to acquire real property or interests therein sought in a condemnation proceeding.” Hence, it asserts that an award of attorney fees was not proper. It also contends that the trial court’s failure to conduct an evidentiary hearing…