Atherton v. State Conservation Commission

HARRIS, Justice.

The landowner appeals a ruling on his application for costs, including attorney’s fees, in a condemnation proceeding. The condemnation was abandoned after an appeal was taken to district court. We affirm in part, reverse in part and remand.

The state conservation commission, hereafter called the commission, undertook to condemn a 40 acre tract owned by the plaintiff. The property was to be used as a recreational area. The condemnation commission met on May 15, 1970 and fixed plaintiff’s damages at $26,500. Plaintiff and the commission both appealed the award to district court.…