Kluenker v. State

In this appeal of a condemnation case, the Department of Transportation challenges the trial court’s computation of both attorney’s and appraiser’s fees following a jury trial. While there is no dispute that the condemnor, in this case, is responsible for payment of all litigation expenses over and above the final award, the state maintains it is only responsible for attorney’s fees incurred between the time of the jurisdictional offer and the final award. We agree that the trial court erred by holding the state responsible for attorney time dating from the negotiation stage, long before the…